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Monsanto Company v. Mike Dennis

Paid petition · Court of Appeal of California, Fourth Appellate District, Division One, No. D084130 · judgment November 24, 2025


3%
estimated cert probability
(petition-stage, structural)
GVR risk 2%

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

Question presented

In Monsanto Co. v. Durnell, 2026 WL 1825691 (U.S. June 25, 2026), this Court held that the Federal Insecticide, Fungicide, and Rodenticide Act “expressly preempts” “state-law failure-to-warn claim[s]” against Monsanto for failing to include “a cancer warning on Roundup’s label” when the Environmental Protection Agency has declined to require one. Id. at *13. In this case, the California Court of Appeal affirmed judgment on a state-law failure-to-warn claim brought against Monsanto for failing to warn consumers that its Roundup products allegedly cause cancer. The question presented is: Whether, in light of Durnell, this Court should vacate the decision of the California Court of Appeal and remand this case for further proceedings not inconsistent with Durnell.

Counsel of record

For petitioner
Paul D. Clement
Clement & Murphy, PLLC

For respondent
Jeffrey Isaac Ehrlich
The Ehrlich Law Firm, APC

Case

Conference history
Distributed for 1 conference

Linked docket
25A1284

Proceedings

  1. Sep 02 2026
    Brief of Mike Dennis in opposition submitted.
  2. Aug 17 2026
    Response Requested. (Due September 16, 2026)
  3. Aug 05 2026
    DISTRIBUTED for Conference of 9/28/2026.
  4. Jul 31 2026
    Waiver of right of respondent Mike Dennis to respond filed.
  5. Jul 24 2026
    Petition for a writ of certiorari filed. (Response due August 28, 2026)
  6. May 20 2026
    Application (25A1284) granted by Justice Kagan extending the time to file until July 24, 2026.
  7. May 14 2026
    Application (25A1284) to extend the time to file a petition for a writ of certiorari from June 9, 2026 to July 24, 2026, submitted to Justice Kagan.