No. 21-1272

Monsanto Company v. Alberta Pilliod, et al.

Lower Court: California
Docketed: 2022-03-21
Status: Denied
Type: Paid
Amici (1) Experienced Counsel
Tags: compensatory-damages due-process epa-regulation failure-to-warn federal-insecticide-fungicide-and-rodenticide-act fifra-preemption preemption product-labeling punitive-damages
Key Terms:
Environmental AdministrativeLaw DueProcess JusticiabilityDoctri
Latest Conference: 2022-06-23
Question Presented (AI Summary)

Whether FIFRA preempts a state-law failure-to-warn claim

Question Presented (OCR Extract)

QUESTIONS PRESENTED Petitioner manufactures the herbicide Roundup. For decades, the Environmental Protection Agency (EPA) has exercised its delegated authority under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to find that neither Roundup nor its active ingredient, glyphosate, causes cancer in humans. EPA has authorized Roundup for sale, repeatedly approved Roundup’s labeling without a cancer warning, and informed pesticide registrants that including a cancer warning on the labeling of a glyphosate-based pesticide would render it “misbranded” in violation of federal law. FIFRA itself, moreover, bars States from “impos[ing] ... any requirements for labeling ... in addition to or different from those required under [FIFRA].” 7 U.S.C. §136v(b). Respondents were nonetheless awarded over $17 million in compensatory damages and nearly $70 million in punitive damages after a California jury found that the omission of a cancer warning from Roundup’s label violated state law. The questions presented are: 1. Whether FIFRA preempts a state-law failureto-warn claim where the warning cannot be added to a product without EPA approval and EPA has repeatedly concluded that the warning is not appropriate. 2. Whether a punitive-damages award that is a fourfold multiple of a substantial compensatorydamages award violates the Fourteenth Amendment’s Due Process Clause where the defendant acted in accordance with the scientific and regulatory consensus regarding the safety of its product. @

Docket Entries

2022-06-27
Petition DENIED.
2022-06-22
Supplemental brief of petitioner Monsanto Company filed.
2022-06-21
Supplemental brief of respondents Alberta Pilliod, et al. filed. (Distributed)
2022-06-07
DISTRIBUTED for Conference of 6/23/2022.
2022-06-06
Reply of petitioner Monsanto Company filed. (Distributed)
2022-05-20
Brief of respondents Alberta Pilliod, et al. in opposition filed.
2022-04-19
Brief amici curiae of Washington Legal Foundation, et al. filed.
2022-04-14
Motion to extend the time to file a response is granted and the time is extended to and including May 20, 2022.
2022-04-13
Motion to extend the time to file a response from April 20, 2022 to May 20, 2022, submitted to The Clerk.
2022-03-17
Petition for a writ of certiorari filed. (Response due April 20, 2022)
2022-01-26
Application (21A369) granted by Justice Kagan extending the time to file until March 17, 2022.
2022-01-24
Application (21A369) to extend the time to file a petition for a writ of certiorari from February 15, 2022 to March 17, 2022, submitted to Justice Kagan.

Attorneys

Alberta Pilliod, et al.
David C. FrederickKellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Respondent
David C. FrederickKellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Respondent
Monsanto Company
Seth P. WaxmanWilmer Cutler Pickering Hale and Dorr LLP, Petitioner
Seth P. WaxmanWilmer Cutler Pickering Hale and Dorr LLP, Petitioner
Washington Legal Foundation and Allied Educational Foundation
John Mercer Masslon IIWashington Legal Foundation, Amicus
John Mercer Masslon IIWashington Legal Foundation, Amicus