Monsanto Co. v. Durnell: Common Sense & Sound Science Prevail At Last!

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For more than 35 years, Capital Appellate Advocacy founder Larry Ebner has argued in federal and state appellate and trial courts throughout the United States that federal law preempts personal injury suits alleging that a pesticide manufacturer failed to include a necessary health or safety warning on its U.S. EPA-regulated and approved product labeling. Larry’s federal preemption […]

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My FIFRA Preemption Journey

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On January 16, 2026, the Supreme Court granted certiorari in Monsanto Co. v. Durnell (24-1068) to address the following question: “Whether the Federal Insecticide, Fungicide, and Rodenticide Act [FIFRA] preempts a label-based failure-to-warn claim where EPA has not required the warning.” The answer to this question could result in dismissal of tens of thousands of

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In-House Litigation Managers Should “Think Amicus”

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Kristin Calve, Editor & Publisher at the Corporate Counsel Business Journal, recently interviewed ALF Chairman & President Dan Fisk and Executive Vice President & General Counsel Larry Ebner about the use of amicus curiae briefs— specifically, why in-house litigation managers should “think amicus” whenever their company is involved in an appeal, or when they become aware of appeals involving legal issues that are

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Ending the Plague of Roundup Litigation

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Commentary by Lawrence S. Ebner The Supreme Court needs to end the plague of Roundup personal injury litigation, which during the past 10 years has infected our civil justice system and undermined federal regulation of pesticides. As the Atlantic Legal Foundation explained in a recent amicus brief, the pending certiorari petition in Monsanto Company v. Durnell (No. 24-1068)

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Third Circuit Roundup® Ruling Is Roadmap For Preemption Of Failure-To-Warn Claims

All Publications, Commentary, Federal Courts of Appeals, Federal Preemption, Published Articles /

AT LAST! A federal court of appeals has correctly interpreted and applied the “parallel requirements” exception to federal preemption of pesticide-related failure-to-warn claims. Read my Law360 Expert Analysis of the Third Circuit’s August 15, 2024 decision in Schaffner v. Monsanto.

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U.S. Judicial Conference’s Proposed Amicus Brief Amendments Are Unfriendly To The Civil Defense Bar

All Publications, Amicus Strategy & Procedure, Commentary, Federal Courts of Appeals, Published Articles /

FDCC’s “Friday 5” newsletter for August 30 includes my article discussing why the U.S. Judicial Conference’s Proposed Amicus Brief Amendments Are Unfriendly To The Civil Defense Bar. The article explains that the pending proposal to amend Federal Rule of Appellate Procedure 29 would require all non-governmental amicus briefs submitted to federal courts of appeals to

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amicus brief commentary

Requiring Leave To File Amicus Briefs Is A Bad Idea

All Publications, Amicus Strategy & Procedure, Appellate Practice, Commentary, Federal Courts of Appeals, Published Articles /

The U.S. Judicial Conference’s Advisory Committee on Appellate Rules is considering a proposal to amend Federal Rule of Appellate Procedure 29(a) by requiring that a motion for leave be filed with all non-governmental amicus briefs in federal courts of appeals. In other words, if the proposed amendment were adopted, obtaining the parties’ consent to the

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Three BIG Amicus Brief Mistakes

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By Lawrence Ebner, Founder, Capital Appellate Advocacy PLLC Published in Friday Fives, Federation of Defense & Corporate Counsel Filing amicus curiae briefs is a well-accepted part of practicing before the Supreme Court, federal courts of appeals, and many state appellate courts. If you really want to be a “friend of the court” — if you

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