Roundup weedkiller on shelves at Walmart in Baltimore, MD. Photo: Diego M. Radzinschi/ALM Eleventh Circuit Remands 'Force of Law' Question Back to Panel in Failure-to-Warn Case Against Monsanto
"Our role when confronted with an express-preemption provision is to apply the text that embodies Congress's decision," Chief Judge William H. Pryor wrote in his opinion.
July 11, 2023 at 04:34 PM
4 minute read
A full but divided panel of the U.S. Court of Appeals for the Eleventh Circuit in Atlanta this week remanded one of many cases filed against Monsanto to a three-judge panel to consider whether the EPA registration process for its Roundup weed-killer product is a "force of law."
In June, the circuit court held oral arguments en banc in plaintiff John D. Carson's case against the company, alleging that his malignant fibrous histiocytoma was caused by using Roundup for 30 years. The court granted Monsanto's petition for rehearing on the case in December.
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