What the Supreme Court Roundup Ruling Means for Your Cancer Claim
You likely found this page because you are holding a diagnosis of Non-Hodgkin’s Lymphoma in one hand and a news report about the Supreme Court in the other. It feels like the system just protected a chemical giant at your expense. You have seen the headlines: the high court has shielded pesticide companies from certain forms of accountability. If you are a farmer, a landscaper, or a homeowner who used Roundup for years, your first question is likely: “Is my case over before it began?”
We are here to tell you that the door is still open. While the Supreme Court’s focus on federal preemption creates a new hurdle, it does not erase the harm done to your body. As a trial firm that takes these cases, we look past the headlines to the actual mechanics of the law. We don’t just see a “shield”—we see the seams where that shield is weak.
If you are suffering, we invite you to call us at 1-888-ATTY-911 for a free consultation. We take these cases on a contingency basis, which means there is no fee unless we win.
Understanding Federal Preemption in Toxic Tort Lawsuits
The core of the recent legal battle involves a doctrine called “federal preemption.” Bayer-Monsanto argues that because the Environmental Protection Agency (EPA) approved the labels for Roundup and did not require a cancer warning, individual states should not be allowed to let citizens sue for a “failure to warn.”
They are using a federal law called the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) as a wall. Their argument is simple: if the federal government said the label is fine, no state jury should be allowed to say it was defective.
“The assertion that EPA-approved labeling under FIFRA prevents states from imposing additional warning requirements is the central defense theory in these matters.”
Our job as your toxic tort attorney is to climb that wall. We do this by focusing on “parallel claims.” This means we prove that the company violated state laws in a way that perfectly mirrors federal requirements, or we pivot the case to “design defect” claims. Even if a court says we can’t sue over the label, we can often still sue because the product itself was designed in a way that is unreasonably dangerous.
Can I Still File a Roundup Lawsuit After the SCOTUS Ruling?
Yes. The Supreme Court ruling creates a challenging path, but it does not end your right to seek compensation. Every case turns on its own unique facts. If you were exposed to glyphosate and later developed Non-Hodgkin’s Lymphoma, you are part of a mass tort litigation that has already seen juries return significant awards.
In these cases, we see a value range that spans from $100,000 to as high as $250,000,000 in extreme cases involving punitive damages. While individual settlements often average in the low six figures, the goal of a lawsuit is to secure the resources you need for specialized oncology treatment, bone marrow transplants, and the long-term loss of your earning capacity.
Past results depend on the facts of each case and do not guarantee future outcomes, but the history of this litigation shows that when corporate concealment of safety data is brought to light, juries often respond with force.
The Medicine: How Glyphosate Causes Non-Hodgkin’s Lymphoma
Non-Hodgkin’s Lymphoma (NHL) is a cancer that starts in white blood cells called lymphocytes, which are part of the body’s immune system. The International Agency for Research on Cancer (IARC) has classified glyphosate as a “probable carcinogen.” While the EPA has maintained a contrary finding, the clinical evidence used by our experts often points to a different story.
When we build your case, we work through the specific subtype of your NHL. We use toxicologists and epidemiologists to prove “general causation”—the fact that the chemical can cause cancer—and then we use specific causation experts to prove it caused your cancer. We dig into:
- Pathology Slips: To confirm the specific subtype of your diagnosis.
- Exposure Duration: Documenting how many years, days, and hours you spent using the product.
- Application Logs: Especially for industrial or agricultural workers, these logs are the “black box” of a toxic exposure case.
The Defense Playbook: How Bayer-Monsanto Fights Back
When you go up against a company like Bayer (which acquired Monsanto in 2018), you are not just fighting a chemical maker; you’re fighting a multi-billion-dollar claims machine. Our trial team includes Lupe Peña, a former insurance-defense attorney who used to sit in the rooms where these companies decide how to value—and devalue—claims. He knows the tactics they use to delay and deny.
Here is the playbook they will run against you:
- The Preemption Trap: They will file for summary judgment immediately, asking a judge to throw your case out based on the FIFRA rules mentioned above. We counter this by emphasizing design defects and state-law violations that parallel federal rules.
- The “Idiopathic” Defense: They will argue your cancer was “idiopathic,” meaning it happened for no known reason, or they will blame your lifestyle, age, or genetics. We close this gap with high-level medical experts who can trace the chemical signature of your exposure.
- The Record War: They will demand proof of every bottle of Roundup you ever bought. If you don’t have receipts from 1998, they will claim you can’t prove you used their specific brand. We help you find secondary proof, such as employment records, witness testimony from co-workers, and specialized application logs.
Why the Statute of Limitations Is Your Real Enemy
The Supreme Court isn’t the only thing that can end your case; the calendar is often more dangerous. Every state has a “Statute of Limitations”—a deadline to file your lawsuit. Because cancers like NHL can take years to develop, most states follow a “discovery rule.”
For example, in California, under CCP § 340.8, you generally have one year from the date you discovered (or should have discovered) both your injury and its cause. Other states may give you two or three years, but some have restrictive “statutes of repose” that create an absolute cutoff regardless of when you got sick.
If you wait “to see how the law shakes out,” you are letting the clock run. The day you call us is the day we start working to protect your rights before they expire.
Evidence You Must Preserve Immediately
The strength of a wrongful death lawsuit or a personal injury claim depends on the paper trail. We tell every person in crisis to lock down these three things immediately:
- Product Purchase Records: Any receipts, invoices, or empty containers. Even a photo of an old jug in your shed can be vital proof of the manufacturer.
- Oncology and Pathology Records: We need the raw data from your doctors, not just the summary. The subtypes of your cancer matter to the experts.
- Employment and Application Logs: If you were a commercial applicator, your employer was likely required to keep logs of what chemicals were used and where. These records often “disappear” over time; we move to freeze them immediately.
Meet the Attorney911 Trial Team
When you call us, you aren’t talking to a call center. You are talking to a firm led by Ralph Manginello and Lupe Peña.
Ralph P. Manginello has been licensed for over 27 years. He is a member of the Million Dollar Member club of the Trial Lawyers Achievement Association and is admitted to practice in the U.S. District Court for the Southern District of Texas. Ralph was a journalist before he became a lawyer, and he uses that investigative instinct to dig into internal corporate communications that companies want to keep hidden.
Lupe Peña has been practicing for 13+ years and brings the “insider’s edge.” Having worked for a national insurance-defense firm, he knows exactly how the other side prices a claim and what delay tactics they use to try and wear you down. Lupe is also fluent in Spanish and conducts full consultations without the need for an interpreter.
Hablamos Español. Nuestro equipo está listo para ayudar a su familia en su propio idioma.
Frequently Asked Questions
Can I still sue for Roundup exposure after the Supreme Court ruling?
Yes. While the ruling makes “failure to warn” claims more difficult by favoring federal preemption, other theories of liability—like design defect and negligent misrepresentation—remain active. We evaluate each case to find the best path around the preemption wall.
What is “federal preemption” in a pesticide case?
It is a legal doctrine where a federal law (like FIFRA) overrides state laws. Pesticide companies argue that because the EPA approved their labels, they cannot be sued under state law for not having better warnings. We fight this by focusing on how the product was made, not just how it was labeled.
How much is a Roundup settlement worth?
Case values vary wildly, but the range typically falls between $100,000 and $250,000,000. The final amount depends on the severity of your cancer, your age, your medical costs, and your lost earning capacity.
What kind of cancer is linked to Roundup?
The primary cancer linked to glyphosate exposure is Non-Hodgkin’s Lymphoma (NHL). This includes various subtypes like B-cell lymphoma, T-cell lymphoma, and Burkitt lymphoma.
How do I prove I used Roundup if I don’t have receipts?
We look for secondary evidence: employment records, testimony from neighbors or co-workers, photos of your equipment, or records from landscaping companies you hired. We specialize in building a timeline of exposure even when the paper trail is thin.
What is the deadline to file a Roundup lawsuit?
This depends on your state. Most use a “discovery rule,” giving you 1 to 3 years from the date you knew you were sick and that Roundup might be the cause. Because these deadlines are strict, you should consult an attorney as soon as possible.
Does it matter if I was an employee or a homeowner?
Both have rights. Employees (landscapers, farmworkers) often have higher exposure levels, which can lead to stronger claims of “specific causation.” Homeowners have rights under strict product liability.
What does “no fee unless we win” mean?
It means we work on a contingency fee. Our fee is 33.33% if we settle before trial and 40% if the case goes to trial. If we do not recover money for you, you owe us nothing for our time or expenses.
Taking the First Step Toward Accountability
Bayer-Monsanto is counting on you to see the news and give up. They want you to believe that the Supreme Court has made them untouchable. They are wrong. While the legal “landscape” has shifted, the facts of what this chemical does to the human body have not.
We have spent over 24 years fighting for people who have been overlooked by giant corporations. We know how to move through the complex web of workplace accident and toxic tort law.
Don’t let a corporate shield be the final word on your health. Call Attorney911 today at 1-888-ATTY-911 for your free consultation. We are the Legal Emergency Lawyers™, and we are ready to stand with you.
The Manginello Law Firm, PLLC (Attorney911)
1177 West Loop S, Suite 1600
Houston, TX 77027
(713) 528-9070
Past results depend on the facts of each case and do not guarantee future outcomes. This information is for educational purposes and does not constitute legal advice.