11th Circuit Denies Petition for Rehearing En Banc in Roundup Personal Injury Appeal

ATLANTA –– The 11th Circuit has refused to rehear the appeal of a Roundup personal injury case en banc, allowing to stand its prior ruling that Monsanto had failed to show that it could not have complied with both state and FIFRA requirements and, as such, a Roundup plaintiff’s failure-to-warn claim was neither expressly or impliedly preempted.

In an order issued May 8, the 11th Circuit wrote that the “petition for rehearing en banc is denied, no judge in regular active service on the Court having requested that the Court be polled on rehearing en banc.”

“The Petition for Rehearing …