An attorney for Monsanto made a key argument on Tuesday before an appeals court: Federal law preempts lawsuits over its Roundup pesticide.

In a matter of first impression, a panel of the U.S. Court of Appeals for the Eleventh Circuit asked few questions. At issue is whether the judges agree with the premise behind the U.S. Court of Appeals for the Ninth Circuit’s May 14 holding that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) does not preempt common-law claims. The ruling upheld Roundup customer Edwin Hardeman’s $80 million verdict in 2019.