Monsanto v. Hardeman


(U.S., filed September 1, 2021): Supporting the petition for certiari. Arguing that the Court should resolve the conflicting constructions of the Daubert standard. Consistent nationwide evidentiary standards are essential, particularly in the mass tort context. The Ninth Circuit’s approach to Daubert for medical causation conflicts with other circuits, and leads to peculiar results.  Also arguing that the Court should grant certiorari to address the court of appeals’ anomalous preemption ruling. Uniformity in federal preemption—both under FIFRA and beyond—is an issue of immense importance to regulated businesses operating nationwide. The decision below disrupts uniformity, misapplies Bates, and brings confusion to the interpretation of identical preemption language.

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Court denied cert

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