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Monsanto Company v. Hardeman

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
21-241 9th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether the Federal Insecticide, Fungicide, and Rodenticide Act 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 U.S. Court of Appeals for the 9th Circuit’s standard for admitting expert testimony — which departs from other circuits’ standards — is inconsistent with the Supreme Court’s precedent and Federal Rule of Evidence 702.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 16 2021Petition for a writ of certiorari filed. (Response due September 17, 2021)
Aug 24 2021Waiver of right of respondent Edwin Hardeman to respond filed.
Aug 25 2021Letter to Clerk of Atlantic Legal Foundation not accepted for filing. (August 25, 2021 - See Rule 15.5)
Aug 25 2021Letter to the Clerk of CropLife America not accepted for filing. (August 25, 2021 - See Rule 15.5)
Aug 31 2021Brief amicus curiae of CropLife America filed. (Distributed)
Sep 01 2021DISTRIBUTED for Conference of 9/27/2021.
Sep 01 2021Brief amici curiae of U.S. Chamber of Commerce, et al. filed. (Distributed)
Sep 01 2021Brief amicus curiae of Atlantic Legal Foundation filed. (Distributed)
Sep 03 2021Response Requested. (Due October 4, 2021)
Sep 10 2021Motion to extend the time to file a response from October 4, 2021 to November 3, 2021, submitted to The Clerk.
Sep 13 2021Motion to extend the time to file a response is granted and the time is extended to and including November 3, 2021.
Sep 30 2021Brief amicus curiae of Lawyers for Civil Justice filed.
Oct 01 2021Brief amicus curiae of Product Liability Advisory Council, Inc. filed.
Oct 04 2021Brief amicus curiae of Retail Litigation Center, Inc. filed.
Oct 04 2021Brief amicus curiae of Washington Legal Foundation filed.
Nov 03 2021Brief of respondent Edwin Hardeman in opposition filed.
Nov 22 2021Reply of petitioner Monsanto Company filed. (Distributed)
Nov 23 2021DISTRIBUTED for Conference of 12/10/2021.
Dec 13 2021The Solicitor General is invited to file a brief in this case expressing the views of the United States.