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Monsanto Company v. Hardeman

Certiorari Denied

Petition for certiorari denied on June 21, 2022.

Docket No.21-241
Op. Below9th Cir.

Issue

(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. CVSG: 5/10/2022

Proceedings & orders timeline

Aug 16, 2021
Petition for a writ of certiorari filed. (Response due September 17, 2021)
Aug 24, 2021
Waiver of right of respondent Edwin Hardeman to respond filed.
Aug 25, 2021
Letter to Clerk of Atlantic Legal Foundation not accepted for filing. (August 25, 2021 - See Rule 15.5)
Aug 25, 2021
Letter to the Clerk of CropLife America not accepted for filing. (August 25, 2021 - See Rule 15.5)
Aug 31, 2021
Brief amicus curiae of CropLife America filed. (Distributed)
Sep 1, 2021
DISTRIBUTED for Conference of 9/27/2021.
Sep 1, 2021
Brief amici curiae of U.S. Chamber of Commerce, et al. filed. (Distributed)
Sep 1, 2021
Brief amicus curiae of Atlantic Legal Foundation filed. (Distributed)
Sep 3, 2021
Response Requested. (Due October 4, 2021)
Sep 10, 2021
Motion to extend the time to file a response from October 4, 2021 to November 3, 2021, submitted to The Clerk.
Sep 13, 2021
Motion to extend the time to file a response is granted and the time is extended to and including November 3, 2021.
Sep 30, 2021
Brief amicus curiae of Lawyers for Civil Justice filed.
Oct 1, 2021
Brief amicus curiae of Product Liability Advisory Council, Inc. filed.
Oct 4, 2021
Brief amicus curiae of Retail Litigation Center, Inc. filed.
Oct 4, 2021
Brief amicus curiae of Washington Legal Foundation filed.
Nov 3, 2021
Brief of respondent Edwin Hardeman in opposition filed.
Nov 22, 2021
Reply of petitioner Monsanto Company filed. (Distributed)
Nov 23, 2021
DISTRIBUTED for Conference of 12/10/2021.
Dec 13, 2021
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 10, 2022
Brief amicus curiae of United States filed.
May 23, 2022
Supplemental brief of petitioner Monsanto Company filed. (Distributed)
May 24, 2022
DISTRIBUTED for Conference of 6/9/2022.
May 25, 2022
Supplemental brief of respondent Edwin Hardeman filed. (Distributed)
Jun 13, 2022
DISTRIBUTED for Conference of 6/16/2022.
Jun 21, 2022
Petition DENIED.

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