AAJ, Public Justice Urge U.S. Supreme Court to Reject Monsanto’s Effort to Seek Legal Immunity

WASHINGTON, DC-The American Association for Justice (AAJ) and Public Justice filed an amici curiae brief today urging the U.S. Supreme Court to protect the right of Americans to seek legal accountability under their state's law by affirming the Court of Appeals' decision in Monsanto v. Durnell. Monsanto is continuing to appeal a 2023 Missouri ruling in favor of John Durnell after he developed non-Hodgkin's lymphoma, alleging that Monsanto failed to warn the public of health risks associated with its pesticide product, Roundup.

AAJ and Public Justice argue that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) does not bar statefailure-to-warn claims, and Monsanto's responsibility under Missouri law is consistent with its responsibility under FIFRA. If the Supreme Court were to adopt Monsanto's position, it would immunize manufacturers ofdangerous pesticide products from accountability under every state's law.

"Chemical companies like Monsanto (now Bayer) have gone to the courts, state legislatures, and the U.S. Congress to seek immunity and deprive Americans of their right to hold Monsanto accountable," said Matthew Wessler, Principal at Gupta Wessler LLP. "Now, we hope that the U.S. Supreme Court will protect the rights of Americans and ensure that the makers of dangerous pesticides aren't able to evade legal responsibility after causing widespread harm to farmers and families."

Read AAJ and Public Justice's joint brief here.