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A recent First Department decision is a useful reminder for defense counsel and carriers about the leverage a missing witness charge can carry at trial….By: Ropers Majeski

A recent First Department decision is a useful reminder for defense counsel and carriers about the leverage a missing witness charge can carry at trial….By: Ropers Majeski

On June 25, 2026, the U.S. Supreme Court held in Monsanto Co. v. Durnell, No. 24-1068, that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) expressly preempts state-law failure-to-warn claims alleging that a pesticide manufacturer failed to include a warning not required on its U.S. Environmental Protection Agency (EPA)-approved labeling. The Court reversed a Missouri…

On June 25, 2026, the U.S. Supreme Court held in Monsanto Co. v. Durnell, No. 24-1068, that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) expressly preempts state-law failure-to-warn claims alleging that a pesticide manufacturer failed to include a warning not required on its U.S. Environmental Protection Agency (EPA)-approved labeling. The Court reversed a Missouri…

The Seventh Circuit, in Zurbriggen v. Twin Hill Acquisition, Inc., affirmed an Illinois trial court’s exclusion of two plaintiff causation experts due to their unreliable methodology, and, in granting the defendants’ summary judgment motion, limited plaintiffs’ ability to use res ipsa loquitor as an evidentiary shortcut in toxic tort cases. The decision reiterates the need…

The Seventh Circuit, in Zurbriggen v. Twin Hill Acquisition, Inc., affirmed an Illinois trial court’s exclusion of two plaintiff causation experts due to their unreliable methodology, and, in granting the defendants’ summary judgment motion, limited plaintiffs’ ability to use res ipsa loquitor as an evidentiary shortcut in toxic tort cases. The decision reiterates the need…

The US Supreme Court recently issued an important decision addressing the relationship between EPA-approved pesticide labeling and state-law product liability claims. In Monsanto Co. v. Durnell, the Court held that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) expressly preempts state-law failure-to-warn claims that would require pesticide manufacturers to include warnings different from or in…

The US Supreme Court recently issued an important decision addressing the relationship between EPA-approved pesticide labeling and state-law product liability claims. In Monsanto Co. v. Durnell, the Court held that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) expressly preempts state-law failure-to-warn claims that would require pesticide manufacturers to include warnings different from or in…