§Why CasetextPricing

Cardinal Health, Inc. v. Holder et al

MOTION for Preliminary Injunction

38 Cited authorities

  1. Mathews v. Eldridge

    424 U.S. 319 (1976)   Cited 15,760 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"

  2. Board of Regents v. Roth

    408 U.S. 564 (1972)   Cited 14,686 times   4 Legal Analyses
    Holding that where a public employee's appointment terminated on a particular date and there was no provision for renewal after that date, the employee "did not have a property interest sufficient to require . . . a hearing when [the officials] declined to renew his contract of employment."

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

    463 U.S. 29 (1983)   Cited 6,635 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]'"

  4. United States v. James Daniel Good Real Property

    510 U.S. 43 (1993)   Cited 1,043 times   9 Legal Analyses
    Holding that the government's continued retention of property after seizure must comply with the Due Process Clause

  5. Boddie v. Connecticut

    401 U.S. 371 (1971)   Cited 2,508 times   1 Legal Analyses
    Holding that due process required access to the courts for filing divorce proceedings, regardless of the ability to pay

  6. Gonzales v. Oregon

    546 U.S. 243 (2006)   Cited 560 times   10 Legal Analyses
    Holding that statute did not delegate authority to Attorney General to make medical judgments

  7. DeBartolo Corp. v. Fla. Gulf Coast Trades Council

    485 U.S. 568 (1988)   Cited 724 times   10 Legal Analyses
    Holding that a union’s distribution of handbills at the entrances of a shopping mall was not threatening, coercing, or restraining within meaning of section 8(b) because there had been "no violence, picketing, or patrolling," and "no suggestion that the leaflets had any coercive effect on customers of the mall"

  8. Bellsouth Telecom. v. Mcimetro Access

    425 F.3d 964 (11th Cir. 2005)   Cited 168 times
    Holding that district court acting within its discretion when it did not require a bond

  9. National Council of Resistance v. Dept. of St.

    251 F.3d 192 (D.C. Cir. 2001)   Cited 101 times   1 Legal Analyses
    Holding foreign organizations possess due process rights only if they develop "substantial connections" within the United States (quoting Verdugo-Urquidez , 494 U.S. at 271, 110 S.Ct. 1056 )

  10. Int'l Ladies' Garment Un. v. Donovan

    722 F.2d 795 (D.C. Cir. 1983)   Cited 154 times
    Holding that the agency "must explain why a particular proposal is inconsistent with the balance between regulation and competition"

  11. Section 841 - Prohibited acts A

    21 U.S.C. § 841   Cited 90,999 times   147 Legal Analyses
    In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.

  12. Rule 65 - Injunctions and Restraining Orders

    Fed. R. Civ. P. 65   Cited 22,440 times   87 Legal Analyses
    Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice

  13. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,450 times   184 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

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

    21 U.S.C. § 801   Cited 7,270 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

  15. Section 951 - Definitions

    21 U.S.C. § 951   Cited 2,744 times   3 Legal Analyses

    (a) For purposes of this subchapter- (1) The term "import" means, with respect to any article, any bringing in or introduction of such article into any area (whether or not such bringing in or introduction constitutes an importation within the meaning of the tariff laws of the United States). (2) The term "customs territory of the United States" has the meaning assigned to such term by general note 2 of the Harmonized Tariff Schedule of the United States. (b) Each term defined in section 802 of this

  16. 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

  17. 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

  18. Section 827 - Records and reports of registrants

    21 U.S.C. § 827   Cited 54 times   1 Legal Analyses

    (a) Inventory Except as provided in subsection (c)- (1) every registrant under this subchapter shall, on May 1, 1971, or as soon thereafter as such registrant first engages in the manufacture, distribution, or dispensing of controlled substances, and every second year thereafter, make a complete and accurate record of all stocks thereof on hand, except that the regulations prescribed under this section shall permit each such biennial inventory (following the initial inventory required by this paragraph)

  19. Section 1306.04 - Purpose of issue of prescription

    21 C.F.R. § 1306.04   Cited 331 times   28 Legal Analyses
    Providing that a prescription for a controlled substance "must be issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his professional practice"

  20. Section 1301.36 - Suspension or revocation of registration; suspension of registration pending final order; extension of registration pending final order

    21 C.F.R. § 1301.36   Cited 15 times   1 Legal Analyses

    (a) For any registration issued under section 303 of the Act (21 U.S.C. 823 ), the Administrator may: (1) Suspend the registration pursuant to section 304(a) of the Act (21 U.S.C. 824(a) ) for any period of time. (2) Revoke the registration pursuant to section 304(a) of the Act (21 U.S.C. 824(a) ). (b) For any registration issued under section 1008 of the Act (21 U.S.C. 958 ), the Administrator may: (1) Suspend the registration pursuant to section 1008(d) of the Act (21 U.S.C. 958(d) ) for any period

  21. Section 1301.44 - Burden of proof

    21 C.F.R. § 1301.44   Cited 13 times

    (a) At any hearing on an application to manufacture any controlled substance listed in Schedule I or II, the applicant shall have the burden of proving that the requirements for such registration pursuant to section 303(a) of the Act (21 U.S.C. 823(a) ) are satisfied. Any other person participating in the hearing pursuant to § 1301.35(b) shall have the burden of proving any propositions of fact or law asserted by such person in the hearing. (b) At any hearing on the granting or denial of an applicant

  22. Section 1304.33 - Reports to Automation of Reports and Consolidated Orders System (ARCOS)

    21 C.F.R. § 1304.33   Cited 3 times   1 Legal Analyses

    (a)Reports generally. All reports required by this section shall be filed with the Pharmaceutical Investigations Section, Diversion Control Division, Drug Enforcement Administration on DEA Form 333, or on media which contains the data required by DEA Form 333 and which is acceptable to the Administration. See the Table of DEA Mailing Addresses in § 1321.01 of this chapter for the current mailing address. (b)Frequency of reports. Acquisition/Distribution transaction reports shall be filed every quarter