No. 24-1098

Monsanto Company v. Larry Johnson, et al.

Lower Court: Oregon
Docketed: 2025-04-22
Status: Pending
Type: Paid
Relisted (3) Experienced Counsel
Tags: epa-regulation failure-to-warn fifra-preemption product-liability state-law warning-requirements
Key Terms:
Environmental JusticiabilityDoctri
Latest Conference: 2026-01-16 (distributed 3 times)
Question Presented (AI Summary)

Whether FIFRA preempts a state-law failure-to-warn claim where EPA has repeatedly concluded that the warning is not required and the warning cannot be added to a product without EPA approval

Question Presented (from Petition)

This case presents the same question that is presently before the Court in Monsanto Co. v. Durnell , No. 24 -1068 (docketed April 9 , 2025). For all the reasons set forth in the petition in Durnell , this Court should grant the petition in No. 24 -1068 and hold this case pending final resolution of that case. The question presented is: Whether FIFRA preempts a state -law failure -towarn claim where EPA has repeatedly concluded that the warning is not required and the warning cannot be added to a product without EPA approval .

Docket Entries

2026-01-12
DISTRIBUTED for Conference of 1/16/2026.
2025-12-16
DISTRIBUTED for Conference of 1/9/2026.
2025-07-23
Reply of Monsanto Company submitted.
2025-07-23
2025-07-18
Rescheduled.
2025-07-09
DISTRIBUTED for Conference of 9/29/2025.
2025-06-23
Brief of Larry Johnson, et al. in opposition submitted.
2025-06-23
2025-05-15
Motion to extend the time to file a response is granted and the time is extended to and including June 23, 2025.
2025-05-14
Motion to extend the time to file a response from May 22, 2025 to June 23, 2025, submitted to The Clerk.
2025-04-18
Petition for a writ of certiorari filed. (Response due May 22, 2025)
2025-03-11
Application (24A866) granted by Justice Kagan extending the time to file until April 18, 2025.
2025-03-07
Application (24A866) to extend the time to file a petition for a writ of certiorari from March 19, 2025 to April 18, 2025, submitted to Justice Kagan.

Attorneys

Larry Johnson, 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
Paul D. ClementClement & Murphy, PLLC, Petitioner
Paul D. ClementClement & Murphy, PLLC, Petitioner