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Filtered by category: preemptionFebruary 22, 2024
11th circuit court of appeals, preemptionCarson v. Monsanto
The Eleventh Circuit ruled that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) does not preempt a Georgia state failure-to-warn claim against Monsanto. Carson alleged that Roundup, a Monsanto herbicide, caused his cancer due to inadequate warnings. Although the EPA approved Roundup’s label without a cancer warning, the court held that FIFRA’s preemption provision does not apply as Georgia law does not impose requirements beyond or different from federal law. The court also found Monsanto did not demonstrate that the EPA would have denied the warning label. Revised and remanded.
read moreApril 13, 2023
11th circuit court of appeals, preemptionAspen American Insurance Company v. Landstar Ranger, Inc.
The Eleventh Circuit affirmed the dismissal of a negligence claim against a transportation broker under the Federal Aviation Administration Authorization Act (FAAAA). Aspen American Insurance sued Landstar Ranger, alleging negligent selection of a carrier after a thief posing as a motor carrier stole an expensive shipment. The court ruled the claim was preempted by the FAAAA, which bars state-law claims related to a broker's services. The court also found the "safety exception" inapplicable to negligence claims involving stolen goods, ending the case in favor of Landstar.
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