Forum
U.S. Court of Appeals for the Ninth Circuit
Case Status
Docket Number
19-16636, -16708
Case Updates
Ninth Circuit affirms that state failure-to-warn claims are not preempted by the registration requirements of the Federal Insecticide, Fungicide, and Rodenticide Act
May 14, 2021
Click here to view the opinion. The U.S. Chamber filed a coalition amicus brief opposing this result.
U.S. Chamber and PhRMA file amicus brief
December 20, 2019
The U.S. Chamber and PhRMA filed an amicus brief arguing that the Federal Insecticide, Fungicide, and Rodenticide Act creates a comprehensive regulatory labeling scheme that preempts conflicting state law labeling regimes. The brief further urged the court to clarify that the Ninth Circuit does not have a different, laxer, standard for admitting expert opinion testimony under the Federal Rules of Civil Procedure that would allow juries to hear testimony that would be blocked in other parts of the country.
William R. Stein of Hughes Hubbard & Reed LLP served as co-counsel for the U.S. Chamber and PhRMA.