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Monsanto Company v. Daniel Anderson, et al.

Paid petition · Court of Appeals of Missouri, Western District, No. WD87059 · judgment June 24, 2025


GVR'd · June 30, 2026
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

This case presents the same question that is presently before the Court in Monsanto Co. v. Durnell, No. 24-1068 (cert. granted Jan. 16, 2026), which is set for oral argument on April 27, 2026. This case also carries an additional wrinkle. In addition to receiving an award of $61.1 million in compensatory damages, the three plaintiffs here were awarded $549.9 million in punitive damages. That is nine times the alreadysubstantial compensatory damages awards these plaintiffs received, and it was imposed even though juries in prior cases had already awarded plaintiffs billions of dollars—and Monsanto had paid out nearly a hundred million dollars—in punitive damages for the very same conduct. The questions presented are:

  1. Whether the Federal Insecticide, Fungicide, and Rodenticide Act preempts a label-based failure-towarn claim where EPA has not required the warning. (This is the question presented in Durnell.)

  2. Whether due process permits the entry of multiplicative nine-figure awards of punitive damages in multiple suits for a single, inseparable act.

Counsel of record

For petitioner
Paul D. Clement
Clement & Murphy, PLLC

For respondent
Edward D. Robertson
Bartimus, Frickleton, Robertson, Rader

Case

Conference history
Distributed for 2 conferences

Linked docket
25A683

Proceedings

  1. Aug 03 2026
    Judgment and Mandate 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. May 19 2026
    DISTRIBUTED for Conference of 6/4/2026.
  5. May 19 2026
    Reply of petitioner Monsanto Company filed. (Distributed)
  6. May 04 2026
    Brief of respondents Daniel Anderson, et al. in opposition filed.
  7. Mar 19 2026
    Motion to extend the time to file a response is granted and the time is extended to and including May 4, 2026.
  8. Mar 18 2026
    Motion to extend the time to file a response from April 3, 2026 to May 4, 2026, submitted to The Clerk.
  9. Feb 27 2026
    Petition for a writ of certiorari filed. (Response due April 3, 2026)
  10. Jan 20 2026
    Application (25A683) granted by Justice Kavanaugh extending the time to file until February 27, 2026.
  11. Jan 15 2026
    Application (25A683) to extend further the time from January 28, 2026 to February 27, 2026, submitted to Justice Kavanaugh.
  12. Dec 10 2025
    Application (25A683) granted by Justice Kavanaugh extending the time to file until January 28, 2026.
  13. Dec 08 2025
    Application (25A683) to extend the time to file a petition for a writ of certiorari from December 29, 2025 to January 28, 2026, submitted to Justice Kavanaugh.