Legal Opinion

United States v. 50 Boxes More or Less Etc., Appeal of Sandoz Pharmaceuticals Corporation

Court of Appeals for the First Circuit

Decided July 19, 1990No. 89-2166PublishedCited by 6 opinions

1Opinion of the Court

BREYER, Chief Judge.

The government has seized fifty boxes of a prescription drug called Cafergot P-B Suppository, a drug that contains two active ingredients (caffeine, ergotamine) designed to stop vascular headaches such as migraine and two other active ingredients (pentobarbital, bellafoline) designed to stop nauseous side effects resulting from the first two ingredients. The government has a legal right to seize these products if (1) the drug (which we shall call “CPB”) is a “new drug” and (2) its manufacturer, Sandoz Pharmaceuticals, has failed to present “substantial evidence” that the…

2Cases cited14 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  3. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  4. Weinberger v. Hynson, Westcott & Dunning, Inc.Supreme Court of the United States · 1973
  5. Weinberger v. Bentex Pharmaceuticals, Inc.Supreme Court of the United States · 1973

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3Cited by6 opinions

  1. Abigail Alliance for Better Access to Developmental Drugs & Washington Legal Foundation v. Von EschenbachCourt of Appeals for the D.C. Circuit · 2006
  2. Healthpoint, Ltd. v. Stratus Pharmaceuticals, Inc.District Court, W.D. Texas · 2001
  3. Healthpoint, Ltd. v. Ethex Corp.District Court, W.D. Texas · 2001
  4. T-UP, Inc. v. Consumer Protection DivisionCourt of Special Appeals of Maryland · 2002
  5. Abigail Alliance for Better Access to Developmental Drugs & Washington Legal Foundation v. Von EschenbachCourt of Appeals for the D.C. Circuit · 2006

1 more not listed; retrieve them via the Exa API.

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