Association of American Physicians & Surgeons, Inc. v. United States Food & Drug Administration

MEMORANDUM OPINION AND ORDER

KENNEDY, District Judge.

This court previously ruled that a final rule promulgated by the United States Food and Drug Administration (“FDA” or “government”), which mandated pediatric testing and formulation, exceeded the FDA’s statutory authority and was therefore invalid. See Ass’n of Am. Phys. & Surgeons v. FDA 226 F.Supp.2d 204 (D.D.C.2002). Presently before the court is plaintiffs’ Motion for an Award of Attorneys’ Fees and Expenses pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. Upon consideration of the motion, the opposition thereto,…