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U.S. Supreme Court Declines to Hear Monsanto's Appeal to End Roundup Lawsuits

On June 21, 2022, the Supreme Court denied Monsanto’s petition for a writ of certiorari in Monsanto Company v. Edwin Hardeman, leaving in place the Ninth Circuit Court of Appeals decision affirming a $25 million damage award to a consumer with non-Hodgkin’s lymphoma, who alleged that Roundup caused his cancer. Monsanto argued that the Ninth Circuit’s decision conflicted with the Court’s and other circuit’s decisions on two important federal questions: (1) whether the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts a state-law failure-to-warn claim when the warning cannot be added to a product without the Environmental Protection Agency's approval and the EPA has repeatedly concluded that the warning is not appropriate; and (2) whether the Ninth Circuit’s standard for admitting expert testimony – which departs from other circuits’ standards – is inconsistent with the Supreme Court’s precedent and the Federal Rules of Evidence.

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