Garden supply store shelf with containers of Roundup. Photo: Sheila Fitzgerald/Shutterstock.com Division Over Monsanto's Preemption Defense Deepens as Mass. Court Tosses Roundup Claims
The Massachusetts ruling accepts a legal defense from Monsanto that has, until recently, found little success. But the company recently gained new traction on the argument with a win in the U.S. Court of Appeals for the Third Circuit.
October 23, 2024 at 05:57 PM
4 minute read
What You Need to Know
- A Massachusetts state court ruled that a Roundup plaintiff's failure-to-warn claims were preempted by federal law.
- The court followed a recent ruling on the issue from the U.S. Court of Appeals for the Third Circuit.
- Courts have been split on Monsanto's preemption arguments, and the company intends to bring the issue to the U.S. Supreme Court.
A Massachusetts state court ruling marks another victory for Monsanto on a legal issue that has divided courts across the national Roundup litigation.
Justice Salim Rodriguez Tabit of the Essex County Superior Court held Monday that federal law preempts a plaintiff's claims that Monsanto failed to warn about the alleged dangers of its weed killer.
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