Supreme Court of the United States · Official docket →
Monsanto Company v. Larry Johnson, et al.
Paid petition · Court of Appeals of Oregon, No. A179665 · judgment July 10, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
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
David C. Frederick
Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.
Proceedings
- Aug 03 2026Judgment and Mandate Issued.
- Jun 30 2026Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Monsanto v. Durnell, 609 U. S. ___ (2026).
- Jun 29 2026DISTRIBUTED for Conference of 6/29/2026.
- Jan 12 2026DISTRIBUTED for Conference of 1/16/2026.
- Dec 16 2025DISTRIBUTED for Conference of 1/9/2026.
- Jul 23 2025Reply of petitioner Monsanto Company filed.
- Jul 18 2025Rescheduled.
- Jul 09 2025DISTRIBUTED for Conference of 9/29/2025.
- Jun 23 2025Brief of respondents Larry Johnson, et al. in opposition filed.
- May 15 2025Motion to extend the time to file a response is granted and the time is extended to and including June 23, 2025.
- May 14 2025Motion to extend the time to file a response from May 22, 2025 to June 23, 2025, submitted to The Clerk.
- Apr 18 2025Petition for a writ of certiorari filed. (Response due May 22, 2025)
- Mar 11 2025Application (24A866) granted by Justice Kagan extending the time to file until April 18, 2025.
- Mar 07 2025Application (24A866) to extend the time to file a petition for a writ of certiorari from March 19, 2025 to April 18, 2025, submitted to Justice Kagan.