Legal Opinion
Apotex, Inc. v. Sebelius
District Court, District of Columbia
Decided April 2, 2010No. Civil Action 10-517 (RMC)PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION
ROSEMARY M. COLLYER, District Judge.
The question presented is whether the U.S. Food and Drug Administration (“FDA”) was arbitrary and capricious when it applied the reasoning of a recent D.C. Circuit opinion, with which the FDA disagrees, to the facts of the instant dispute when time is of the essence and the Solicitor General has not yet decided whether to move for rehearing.
Plaintiffs in this consolidated case, Apotex, Inc. (“Apotex”), and Roxane Laboratories, Inc. (“Roxane”), are two manufacturers of generic drugs. They assert that it is the height of arbitrariness for…
2Cases cited8 opinions
- Munaf v. GerenSupreme Court of the United States · 2008
- Tourus Records, Inc. v. Drug Enforcement AdministrationCourt of Appeals for the D.C. Circuit · 2001
- American Bankers Ass'n v. National Credit Union AdministrationDistrict Court, District of Columbia · 1999
- Teva Pharmaceuticals USA, Inc. v. SebeliusCourt of Appeals for the D.C. Circuit · 2010
- Katz, Nevin M. v. Georgetown UnivCourt of Appeals for the D.C. Circuit · 2001
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3Cited by4 opinions
- Seeger v. U.S. Dep't of Def.Court of Appeals for the D.C. Circuit · 2018
- Edf Resource Capital, Inc. v. United States Small Business AdministrationDistrict Court, District of Columbia · 2012
- Mohajer12 Corp.United States Bankruptcy Court, S.D. Alabama · 2021
- Seeger v. United States Department of DefenseDistrict Court, District of Columbia · 2018