U.S. Supreme Court

Case Status


Docket Number


Cert. Denied


Questions Presented

1. Whether FIFRA preempts a state-law failure-to-warn claim where the warning cannot be added to a product without EPA approval and EPA has repeatedly concluded that the warning is not appropriate.

2. Whether the Ninth Circuit’s standard for admitting expert testimony—which departs from other circuits’ standards—is inconsistent with this Court’s precedent and Federal Rule of Evidence 702.

Case Updates

Cert. petition denied

June 21, 2022

U.S. Chamber files coalition amicus brief urging Supreme Court to correct Ninth Circuit’s anomalous FIFRA preemption jurisprudence and resolve conflicting constructions of the Daubert standard

September 01, 2021

Click here to view the amicus brief. Paul W. Hughes, Eric S. Parnes, and Andrew A. Lyons-Berg of McDermott Will & Emery LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Previously, the U.S. Chamber filed an amicus brief when this case was before the Ninth Circuit.

Case Documents