Carson v. Monsanto Co.

U.S. Court of Appeals for the Eleventh Circuit

Tab Group

Merits Stage

U.S. Chamber files coalition amicus brief

March 15, 2023

The coalition amicus brief urges the en banc Eleventh Circuit to hold that the Federal Insecticide, Fungicide, and Rodenticide Act preempts state failure-to-warn claims that would conflict with the Environmental Protection Agency’s determinations about a product.

William R. Stein and Alex Bedrosyan of Hughes Hubbard & Reed LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Eleventh Circuit grants rehearing en banc to consider whether state failure-to-warn claims are preempted by the registration requirements of the Federal Insecticide, Fungicide, and Rodenticide Act

December 19, 2022

Click here to view the order.

U.S. Chamber resubmits coalition amicus brief in support of renewed motion for rehearing en banc, following panel’s revisions to its opinion

November 14, 2022

Click here to view the motion, filed by the U.S. Chamber, PLAC, and PhRMA. William R. Stein of Hughes Hubbard & Reed LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Eleventh Circuit vacates and withdraws its opinion, substituting a new opinion concluding that state failure-to-warn claims are not preempted by the registration requirements of the Federal Insecticide, Fungicide, and Rodenticide Act

October 28, 2022

Click here to view the opinion.

U.S. Chamber files coalition amicus brief urging Eleventh Circuit to rehear case en banc because the Federal Insecticide, Fungicide, and Rodenticide Act creates a comprehensive regulatory scheme that preempts conflicting state law

August 9, 2022

Click here to view the coalition amicus brief. Thomas H. Lee, Theodore V.H. Mayer, and William R. Stein of Hughes Hubbard & Reed LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Eleventh Circuit holds that state failure-to-warn claims are not preempted by the registration requirements of the Federal Insecticide, Fungicide, and Rodenticide Act

July 12, 2022

Click here to view the opinion.

U.S. Chamber files coalition amicus brief arguing that the Federal Insecticide, Fungicide, and Rodenticide Act creates a comprehensive regulatory scheme that preempts conflicting state law

June 11, 2021

Click here to view the coalition amicus brief filed jointly by the U.S. Chamber and The Pharmaceutical Research and Manufacturers of America. William R. Stein, Thomas H. Lee, and Theodore V.H. Mayer of Hughes Hubbard and Reed LLP and the U.S. Chamber's Litigation Center served as co-counsel for the U.S. Chamber.