Legal Opinion

Northwest Tissue Center v. Shalala

Court of Appeals for the Seventh Circuit

Decided July 27, 1993No. 93-1078PublishedCited by 10 opinions

1Opinion of the Court

BAUER, Chief Judge.

In this appeal we revisit the United States Food and Drug Administration’s (“FDA”) treatment of human heart valve allografts2 as devices under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 301-394 (“the FDC Act”) and its implementing regulations. The district court dismissed the plaintiffs’ complaint, ruling that it was mooted by our holding in Alabama Tissue Center v. Sullivan, 975 F.2d 373 (7th Cir.1993). In Alabama Tissue, we dismissed a petition challenging an FDA notice interpreting one of its regulations because the notice was not a “regulation” subject to…

2Cases cited35 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  3. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  4. Califano v. SandersSupreme Court of the United States · 1977
  5. Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962

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3Cited by10 opinions

  1. Margaret H. Wright v. Illinois Department of Children & Family ServicesCourt of Appeals for the Seventh Circuit · 1994
  2. Cynthia Kernats v. Thomas O'SullivanCourt of Appeals for the Seventh Circuit · 1994
  3. Air Line Pilots Association, International and James F. Ritter v. Department of Aviation of the City of Chicago, City of Chicago, Eric GriggsCourt of Appeals for the Seventh Circuit · 1995
  4. Jean Dehainaut v. Federico PenaCourt of Appeals for the Seventh Circuit · 1994
  5. McLeod v. Oregon Lithoprint Inc.Court of Appeals for the Ninth Circuit · 1995

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