Legal Opinion
Benten Ex Rel. Tyrer v. Kessler
District Court, E.D. New York
Decided July 14, 1992No. CV-92-3161 (CPS)PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM DECISION AND ORDER
SIFTON, District Judge.
This was a lawsuit waiting to happen. The record before this Court reveals a history of political and bureaucratic timidity mixed with well-intentioned blundering in dealing with two of the most charged and significant issues of our time: AIDS and abortion. A well-intentioned effort to except personal use of untested AIDS drugs from the new drug testing requirements imposed by Congress was adopted by the Food and Drug Administration (“FDA”) without the notice of rule making and opportunity for comments that such decisions require. The…
2Cases cited25 opinions
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- McCarthy v. MadiganSupreme Court of the United States · 1992
- Lemon v. KurtzmanSupreme Court of the United States · 1973
- Ford Motor Co. v. National Labor Relations BoardSupreme Court of the United States · 1939
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3Cited by9 opinions
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- LIH Ex Rel. LH v. New York City Board of EducationDistrict Court, E.D. New York · 2000
- Brewer v. West Irondequoit Central School DistrictDistrict Court, W.D. New York · 1999
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