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Cardinal Health, Inc. v. Holder et al

Memorandum in opposition to re MOTION for Preliminary Injunction

40 Cited authorities

  1. Winter v. Natural Res. Def. Council, Inc.

    555 U.S. 7 (2008)   Cited 16,853 times   56 Legal Analyses
    Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"

  2. Mathews v. Eldridge

    424 U.S. 319 (1976)   Cited 15,778 times   42 Legal Analyses
    Holding that a procedure based on written submissions was adequate because it included safeguards against mistake including that the agency informed the recipient of its tentative assessment and the evidence supporting it and an opportunity was then afforded the recipient to submit additional evidence "enabling him to challenge directly the accuracy of information in his file as well as the correctness of the agency's tentative conclusions"

  3. Mazurek v. Armstrong

    520 U.S. 968 (1997)   Cited 3,368 times   2 Legal Analyses
    Holding that "a plaintiff's motion for preliminary injunctive relief has a "requirement for substantial proof is much higher" than a defendant's summary judgment motion

  4. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,641 times   50 Legal Analyses
    Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"

  5. Citizens to Preserve Overton Park v. Volpe

    401 U.S. 402 (1971)   Cited 5,972 times   8 Legal Analyses
    Holding a decision is committed to agency discretion when there is "no law to apply"

  6. Sampson v. Murray

    415 U.S. 61 (1974)   Cited 2,035 times   1 Legal Analyses
    Holding that possibility of backpay obviates risk of irreparable harm

  7. Allied Tube Conduit Corp. v. Indian Head, Inc.

    486 U.S. 492 (1988)   Cited 299 times   5 Legal Analyses
    Holding that "[c]oncerted efforts to restrain or monopolize trade by petitioning government officials," including "a form of indirect petitioning," are "protected from antitrust liability under the doctrine established by Noerr"

  8. United States Postal Service v. Gregory

    534 U.S. 1 (2001)   Cited 143 times   1 Legal Analyses
    Holding that "a presumption of regularity attaches to the actions of Government agencies"

  9. Wisconsin Gas Co. v. F.E.R.C

    758 F.2d 669 (D.C. Cir. 1985)   Cited 649 times
    Holding that to establish irreparable harm the movant must "substantiate the claim that irreparable injury is 'likely' to occur. . . . Bare allegations of what is likely to occur are of no value."

  10. Cityfed Fin. v. Office of Thrift Supervision

    58 F.3d 738 (D.C. Cir. 1995)   Cited 346 times
    Holding that a moving party's failure to make a showing of irreparable injury "alone is sufficient" to deny a motion for a preliminary injunction

  11. Section 801 - Congressional findings and declarations: controlled substances

    21 U.S.C. § 801   Cited 7,278 times   77 Legal Analyses
    Finding that to effectively control interstate traffic in illegal drugs it is necessary to control intrastate possession of and traffic in those substances

  12. Section 812 - Schedules of controlled substances

    21 U.S.C. § 812   Cited 2,819 times   75 Legal Analyses
    Criminalizing heroin

  13. Section 823 - Registration requirements

    21 U.S.C. § 823   Cited 189 times   22 Legal Analyses
    Recognizing that exception for the use of Schedule I drugs

  14. Section 824 - Denial, revocation, or suspension of registration

    21 U.S.C. § 824   Cited 106 times   15 Legal Analyses
    Authorizing suspensions where registration is inconsistent with the public interest

  15. Section 1301.74 - Other security controls for non-practitioners; narcotic treatment programs and compounders for narcotic treatment programs; mobile narcotic treatment programs

    21 C.F.R. § 1301.74   Cited 51 times   12 Legal Analyses
    Requiring registrants to notify the DEA, "in writing, of any theft or significant loss of any controlled substances within one business day of discovery of the theft or loss"

  16. Section 1301.11 - Persons required to register; requirement of modification of registration authorizing activity as an online pharmacy

    21 C.F.R. § 1301.11   Cited 34 times   1 Legal Analyses

    (a) Every person who manufactures, distributes, dispenses, imports, or exports any controlled substance or who proposes to engage in the manufacture, distribution, dispensing, importation or exportation of any controlled substance shall obtain a registration unless exempted by law or pursuant to §§ 1301.22 through 1301.26 . Except as provided in paragraph (b) of this section, only persons actually engaged in such activities are required to obtain a registration; related or affiliated persons who

  17. Section 0.104 - Redelegation of authority

    28 C.F.R. § 0.104   Cited 13 times

    The Administrator of the Drug Enforcement Administration is authorized to redelegate to any of his subordinates or any of the officers or employees of the Immigration and Naturalization Service any of the powers and functions vested in him by this subpart R. 28 C.F.R. §0.104 Order 1146-86, 51 FR 30485, 8/27/1986

  18. Section 1301.37 - Order to show cause

    21 C.F.R. § 1301.37   Cited 11 times   1 Legal Analyses

    (a) If, upon examination of the application for registration from any applicant and other information gathered by the Administration regarding the applicant, the Administrator is unable to make the determinations required by the applicable provisions of section 303 and/or section 1008 of the Act (21 U.S.C. 823 and 958 ) to register the applicant, the Administrator shall serve upon the applicant an order to show cause why the registration should not be denied. (b) If, upon information gathered by

  19. Section 1316.65 - Report and record

    21 C.F.R. § 1316.65   Cited 4 times

    (a) As soon as practicable after the time for the parties to file proposed findings of fact and conclusions of law has expired, the presiding officer shall prepare a report containing the following: (1) His recommended rulings on the proposed findings of fact and conclusions of law; (2) His recommended findings of fact and conclusions of law, with the reasons therefore; and (3) His recommended decision. (b) The presiding officer shall serve a copy of his report upon each party in the hearing. The

  20. Section 1309.44 - Suspension of registration pending final order

    21 C.F.R. § 1309.44   Cited 1 times

    (a) The Administrator may suspend any registration simultaneously with or at any time subsequent to the service upon the registrant of an order to show cause why such registration should not be revoked or suspended, in any case where he finds that there is an imminent danger to the public health or safety. If the Administrator so suspends, he shall serve with the order to show cause pursuant to § 1309.46 an order of immediate suspension that shall contain a statement of his findings regarding the

  21. Section 1301.73 - Physical security controls for non-practitioners; compounders for narcotic treatment programs; manufacturing and compounding areas

    21 C.F.R. § 1301.73

    All manufacturing activities (including processing, packaging and labeling) involving controlled substances listed in any schedule and all activities of compounders shall be conducted in accordance with the following: (a) All in-process substances shall be returned to the controlled substances storage area at the termination of the process. If the process is not terminated at the end of a workday (except where a continuous process or other normal manufacturing operation should not be interrupted)