STORY FROM: Benzene & Emerging Toxic Torts Litigation

State of California Responds to Request for Briefing on Preemption in Appeal of $289 Million Roundup Verdict

SAN FRANCISCO –– The State of California has responded to a California appellate court’s request for briefing on the issue of preemption in the appeal of a $289 million Roundup verdict, explaining that “FIFRA does not expressly displace claims under Proposition 65 of similar state common law claims because those state laws do not impose any requirement in addition to or distinct from the requirements imposed by FIFRA itself.”

In a brief filed Feb. 11 in the California Court of Appeal for the 1st Appellate District, the State of California also noted that FIFRA’s express preemption provision is limited to ...

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