Legal Opinion

United States v. Caronia

District Court, E.D. New York

Decided September 11, 2008No. 1:06-cr-00229PublishedCited by 8 opinions

1Opinion of the Court

DECISION AND ORDER

VITALIANO, District Judge.

Defendant moves to dismiss the two-count misdemeanor information charging him with certain violations of the mis-branding provisions of the Food, Drug, and Cosmetic Act (“FDCA”), 21 U.S.C. § 301 et seq. The motion is denied in its entirety.

FACTUAL AND PROCEDURAL BACKGROUND

I. Factual History

The following facts are taken from the superseding misdemeanor information filed August 19, 2008 and, for purposes of this motion to dismiss, are accepted as true.

Orphan Medical, Inc. (“Orphan”), now known as Jazz Pharmaceutical, was a specialty pharmaceutical…

2Cases cited34 opinions

  1. Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
  2. Parker v. LevySupreme Court of the United States · 1974
  3. Keyishian v. Board of Regents of Univ. of State of NYSupreme Court of the United States · 1966
  4. Iannelli v. United StatesSupreme Court of the United States · 1975
  5. Bates v. State Bar of ArizonaSupreme Court of the United States · 1977

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3Cited by8 opinions

  1. United States v. CaroniaCourt of Appeals for the Second Circuit · 2012
  2. In Re Epogen & Aranesp Offlabel Marketing & Sales Practices LitigationDistrict Court, C.D. California · 2008
  3. BAYER SCHERING PHARMA AG v. Sandoz, Inc.District Court, S.D. New York · 2011
  4. In Re Actimmune Marketing LitigationDistrict Court, N.D. California · 2009
  5. Travelers Indemnity Co. v. Cephalon, Inc.District Court, E.D. Pennsylvania · 2014

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