66 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,017 times   502 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"
  2. Mathews v. Eldridge

    424 U.S. 319 (1976)   Cited 15,744 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. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,630 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. Mead Corp.

    533 U.S. 218 (2001)   Cited 2,593 times   29 Legal Analyses
    Holding that a Customs classification ruling "has no claim to judicial deference under Chevron " but can "claim respect according to its persuasiveness"
  5. Bowen v. City of New York

    476 U.S. 467 (1986)   Cited 4,602 times   1 Legal Analyses
    Holding claims collateral because plaintiffs "neither sought nor were awarded benefits ... but rather challenged the Secretary’s failure to follow the application regulations"
  6. Barnhart v. Walton

    535 U.S. 212 (2002)   Cited 2,166 times   1 Legal Analyses
    Holding that the “‘ 12 month' duration requirements apply to both the ‘impairment' and the ‘inability' to work requirements”
  7. Robinson v. Shell Oil Co.

    519 U.S. 337 (1997)   Cited 2,471 times   16 Legal Analyses
    Holding that the term “employees” carries a different meaning in different sections of Title VII
  8. Citizens to Preserve Overton Park v. Volpe

    401 U.S. 402 (1971)   Cited 5,969 times   8 Legal Analyses
    Holding a decision is committed to agency discretion when there is "no law to apply"
  9. United Savings Assn. v. Timbers of Inwood Forest

    484 U.S. 365 (1988)   Cited 2,047 times   10 Legal Analyses
    Holding that § 506(b) “deni [es] ... postpetition interest to undersecured creditors,” and recognizing “an apparent anomaly” that when a debtor proves solvent, 11 U.S.C. § 726 provides for post-petition interest on unsecured claims “but not on the secured portion of undersecured creditors' claims,” but concluding that these particular “inequitable effects ... are entirely avoidable, since an undersecured creditor is entitled to ‘surrender or waive his security and prove his entire claim as an unsecured one’ ”
  10. Fuentes v. Shevin

    407 U.S. 67 (1972)   Cited 3,415 times   1 Legal Analyses
    Holding that disputed possessory interest in personal property is a protected property interest
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,681 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,437 times   184 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
  13. Section 704 - Actions reviewable

    5 U.S.C. § 704   Cited 4,248 times   31 Legal Analyses
    Granting judicial review over " final agency action"
  14. Section 355 - New drugs

    21 U.S.C. § 355   Cited 2,244 times   337 Legal Analyses
    Granting the court discretion to change the date on which an ANDA may be approved if "either party to the action failed to reasonably cooperate in expediting the action"
  15. Section 331 - Prohibited acts

    21 U.S.C. § 331   Cited 1,512 times   105 Legal Analyses
    Prohibiting the sale of adulterated foods
  16. Section 351 - Adulterated drugs and devices

    21 U.S.C. § 351   Cited 340 times   32 Legal Analyses
    Referencing the U.S. Pharmacopeia's strength, quality, and purity standards
  17. Section 314.94 - Content and format of an ANDA

    21 C.F.R. § 314.94   Cited 224 times   37 Legal Analyses
    Explaining that products stemming from Drug Efficacy Study Implementation approvals are subject to today's ANDA regulations
  18. Section 314.50 - Content and format of an NDA

    21 C.F.R. § 314.50   Cited 148 times   16 Legal Analyses
    Recognizing the proprietary nature of DSD and SP specifications by requiring that each ANDA applicant provide its own distinct specifications
  19. Section 314.105 - Approval of an NDA and an ANDA

    21 C.F.R. § 314.105   Cited 94 times   5 Legal Analyses
    Explaining that a "tentative" approval is the same as a final approval with a delayed effective date
  20. Section 314.150 - Withdrawal of approval of an application or abbreviated application

    21 C.F.R. § 314.150   Cited 87 times   4 Legal Analyses
    Requiring products to be withdrawn from the market where the FDA revokes approval
  21. Section 314.127 - Refusal to approve an ANDA

    21 C.F.R. § 314.127   Cited 62 times   14 Legal Analyses
    Listing reasons the FDA will refuse approval of an ANDA, none of which concern patent litigation under § 271(e)
  22. Section 314.110 - Complete response letter to the applicant

    21 C.F.R. § 314.110   Cited 30 times   6 Legal Analyses
    Describing FDA process for complete response letters
  23. Section 314.200 - Notice of opportunity for hearing; notice of participation and request for hearing; grant or denial of hearing

    21 C.F.R. § 314.200   Cited 10 times   2 Legal Analyses

    (a)Notice of opportunity for hearing. The Director of the Center for Drug Evaluation and Research, Food and Drug Administration, will give the applicant, and all other persons who manufacture or distribute identical, related, or similar drug products as defined in § 310.6 of this chapter, notice and an opportunity for a hearing on the Center's proposal to refuse to approve an application or to withdraw the approval of an application or abbreviated application under section 505(e) of the act. The

  24. Section 10.20 - Submission of documents to Dockets Management Staff; computation of time; availability for public disclosure

    21 C.F.R. § 10.20   Cited 4 times   1 Legal Analyses

    (a) A submission to the Dockets Management Staff of a petition, comment, objection, notice, compilation of information, or any other document is to be filed in four copies except as otherwise specifically provided in a relevant FEDERAL REGISTER notice or in another section of this chapter. The Dockets Management Staff is the agency custodian of these documents. (b) A submission is to be signed by the person making it, or by an attorney or other authorized representative of that person. Submissions