A federal appeals court gave Monsanto another hurdle in the way of its attempt to require former customers to cover litigation costs of polychlorinated biphenyls (PCBs) exposure, ruling last week that General Electric Co. timely removed an indemnification action from a Missouri state court to federal court.

In a 2-1 divided opinion filed Jan. 22, the U.S. Court of Appeals for the Eighth Circuit found Monsanto's suit arguing that General Electric (GE) is responsible for defending itself in PCB actions will stay in federal court. Before filing the litigation in St. Louis County Circuit Court on Jan. 6, 2023, Monsanto sent a courtesy copy of the amended petition to GE. GE's counsel signed an acknowledgment and waiver of service on Jan. 5, 2023, which included effective dates of service and GE's deadline for filing a responsive pleading.