Supreme Court Should End Roundup Failure-To-Warn Litigation

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, Federal Preemption, US Supreme Court /

On January 16, 2026 the Supreme Court granted certiorari in Monsanto Co. v. Durnell (24-1068) to address the question of whether the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts pesticide label-related failure-to-warn claims where U.S. EPA does not require the warning at issue. The answer to this question will affect state-law personal injury claims alleging that Monsanto […]

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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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ALF Urges Supreme Court To Review & Invalidate “Drug Price Negotiation Program”

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On behalf of the Atlantic Legal Foundation, I have written and filed an amicus brief supporting the pending petitions for a writ of certiorari in Janssen Pharmaceuticals, Inc. v. Kennedy (25-749) & Bristol Myers Squibb Co. v. Kennedy (25-751). Both petitions ask the Supreme Court to hold the Inflation Reduction Act’s misleadingly named “Drug Price Negotiation Program” unconstitutional. Case

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ALF Urges Supreme Court To Hold That Exxon Mobil Corporation Can Seek Compensation For Castro-Confiscated Business Property

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When Fidel Castro captured power in 1959, his Cuban government expropriated billions of dollars in American-owned business property. A 1972 U.S. Foreign Claims Settlement Commission report explained that Castro’s “unlawful seizures violated every standard by which the nationals of the free world conduct their affairs.” The stolen business property included an oil refinery, product terminals and

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Amicus Brief Urges Supreme Court To Decide Whether Federal Law Precludes Climate-Change Tort Suits

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Dozens of state and local governments have filed state-law tort suits in state courts around the United States collectively seeking billions of dollars in damages and other relief from major oil and natural gas producers for the alleged local effects of global warming and climate change. The potentially mind-boggling ramifications of allowing these proliferating climate-change

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ALF Amicus Brief Argues That Post-Judgment Forum Shopping Undermines Civil Justice

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The Supreme Court has granted certiorari in The Hain Celestial Group, Inc. v. Palmquist (24-724), a case that presents an important unresolved question fundamental to ALF’s civil justice mission.  The Fifth Circuit’s holding that the district court’s final judgment as to completely diverse parties must be vacated—and that this product liability suit must be remanded in its entirety

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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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Supreme Court Should Decide Whether Roundup Failure-To-Warn Claims Are Preempted

ALF Amicus Briefs, All Amicus Briefs, Federal Preemption, US Supreme Court /

On behalf of the Atlantic Legal Foundation, I have authored and filed an amicus brief supporting the certiorari petition in Monsanto Company v. Durnell (24-1068), which  urges the Supreme Court to decide whether the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”) preempts state-law failure-to-warn claims involving Roundup, a widely used agricultural herbicide. Case Background Section 24(b) of FIFRA, 7

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Amicus Brief Argues That “Major Questions Doctrine” Applies To Offshore Wind Energy Projects

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I have authored and filed a petition-stage amicus brief on behalf of Green Oceans, an environmental group that opposes construction and operation of dozens of gigantic wind turbines on the Outer Contintental Shelf (“OCS”) off the Rhode Island and Massachusetts coasts. The amicus brief supports two pending certiorari petitions that seek review of a First

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Supreme Court Should Decide Whether DHS Has Independent Authority To Allow Visa Holders To Work In The United States

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The certiorari petition in Save Jobs USA v. Department of Homeland Security (24-923) asks the Supreme Court to decide whether DHS has authority under the Immigration and Nationality Act (INA), 8 U.S.C. § 1101(a)(15), to decide, independently of Congress, which statutorily defined classes of nonimmigrant alien visa holders can work while in the United States. Resolution of

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