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Monsanto Company, a Foreign Corporation v. Nancy C. Salas

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 24-14030 · judgment March 19, 2025


GVR'd · June 30, 2026
Pre-decision estimate: 20% cert probability (95% interval 13%–31%)

Before the decision, about 4.9× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, counsel who has won certiorari before, and an Eleventh Circuit decision below.

Question presented

This case presents the same question that is presently before the Court in Monsanto Co. v. Durnell, No. 24-1068 (docketed April 9, 2025). For all the reasons set forth in the petition in Durnell, this Court should grant the petition in No. 24-1068 and hold this case pending final resolution of that case. The question presented is: Whether FIFRA preempts a state-law failure-towarn claim where EPA has repeatedly concluded that the warning is not required and the warning cannot be added to a product without EPA approval.

Counsel of record

For petitioner
Paul D. Clement
Clement & Murphy, PLLC

For respondent
Stephen F. Rosenthal
Podhurst Orseck, P.A.

Case

Conference history
Distributed for 4 conferences

Proceedings

  1. Aug 03 2026
    Judgment Issued.
  2. Jun 30 2026
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Monsanto v. Durnell, 609 U. S. ___ (2026).
  3. Jun 29 2026
    DISTRIBUTED for Conference of 6/29/2026.
  4. Jan 12 2026
    DISTRIBUTED for Conference of 1/16/2026.
  5. Dec 16 2025
    DISTRIBUTED for Conference of 1/9/2026.
  6. Jul 23 2025
    Reply of petitioner Monsanto Company filed.
  7. Jul 17 2025
    Rescheduled.
  8. Jul 02 2025
    DISTRIBUTED for Conference of 9/29/2025.
  9. Jun 18 2025
    Brief of respondent Nancy C. Salas in opposition filed.
  10. May 05 2025
    Motion to extend the time to file a response is granted and the time is extended to and including June 20, 2025.
  11. May 02 2025
    Motion to extend the time to file a response from May 22, 2025 to June 20, 2025, submitted to The Clerk.
  12. Apr 18 2025
    Petition for a writ of certiorari filed. (Response due May 22, 2025)