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Roundup Case Shows State Law Can Top Preemption Defense

By Thomas Manakides and Joseph Edmonds (June 1, 2021, 5:01 PM EDT) -- The U.S. Court of Appeals for the Ninth Circuit recently affirmed a $25 million verdict in Hardeman v. Monsanto Co., the bellwether trial of a cancer case involving the herbicide Roundup.[1] The court rejected the defendant's argument that federal law preempted the plaintiff's state law failure-to-warn claims because the U.S. Environmental Protection Agency had registered Roundup and approved its label....

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