Legal Opinion

Abigail Alliance for Better Access to Developmental Drugs v. Von Eschenbach

Court of Appeals for the D.C. Circuit

Decided November 21, 2006No. 04-5350PublishedCited by 15 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge ROGERS.

Opinion concurring in part and dissenting in part filed by Circuit Judge GRIFFITH.

On Petition for Rehearing

ROGERS, Circuit Judge.

On May 2, 2006, the court held that the district court erred in dismissing a complaint filed by the Abigail Alliance for Better Access to Developmental Drugs (“the Alliance”). We concluded that the district court’s dismissal for failure to state a claim pursuant to FED. R. CIV. P. 12(b)(6) was premature because the Alliance had stated a liberty interest protected by the Due Process Clause. We remanded the case to…

2Cases cited35 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Warth v. SeldinSupreme Court of the United States · 1975
  3. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
  4. Lujan v. National Wildlife FederationSupreme Court of the United States · 1990
  5. Allen v. WrightSupreme Court of the United States · 1984

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3Cited by15 opinions

  1. Jankovic v. International Crisis GroupCourt of Appeals for the D.C. Circuit · 2007
  2. Americans for Safe Access v. Drug Enforcement AdministrationCourt of Appeals for the D.C. Circuit · 2013
  3. Abigail Alliance for Better Access to Developmental Drugs v. von EschenbachCourt of Appeals for the D.C. Circuit · 2007
  4. Washington Legal Foundation v. LeavittDistrict Court, District of Columbia · 2007
  5. Equal Rights Center v. Properties International and Ernest BanksDistrict of Columbia Court of Appeals · 2015

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