In the Media | January 2, 2026
Law360
In a Law360 (subscription required) article on product liability cases to watch in 2026, partner Amir Tayrani noted that attorneys are looking to see whether the Supreme Court intends to take on a preemption case. He said that one case may be Monsanto’s certiorari petition that seeks to overturn a $1.2 million jury award in a suit alleging that its Roundup weed killer caused a man’s cancer. The company argued that the suit is preempted by the Federal Insecticide, Fungicide and Rodenticide Act.
“That looks like it may be a grant in light of the U.S. government’s position there, and it may signal that the court is willing to once again address preemption more frequently, and that this is an important safeguard for defendants,” Amir said. “We’ll see whether the court takes that case and whether it helps to revive some of the preemption doctrines that may have fallen by the wayside in recent years.”