11th Cir. Remands Preemption Question to Panel
July 26, 2023
ATLANTA — The full 11th Circuit U.S. Court of Appeals has remanded a Roundup cancer case to an appellate panel to decide whether a Georgia man’s claims against Monsanto are preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
In a July 10 opinion, the Circuit Court explained that the preemption question “must be answered by recourse to ordinary principles of statutory interpretation.”
Georgia resident John Carson sued Monsanto in the U.S. District Court for the Southern District of Georgia, alleging his 30-year use of Roundup on his lawn caused him to develop malignant fibrous histiocytoma in 2016. He …