22 Cited authorities

Medimmune, Inc. v. GenenTech, Inc.
549 U.S. 118 (2007) Cited 2,523 times 90 Legal Analyses
Holding "the phrase 'case of actual controversy' in the Act refers to the types of 'Cases' and 'Controversies' that are justiciable under Article III"
Food & Drug Administration v. Brown & Williamson Tobacco Corp.
529 U.S. 120 (2000) Cited 1,498 times 40 Legal Analyses
Holding that Congress had not yet empowered the FDA to regulate tobacco products
Unified School Dist. v. Newdow
542 U.S. 1 (2004) Cited 1,200 times 2 Legal Analyses
Holding that the plaintiff lacked standing because the interests of the plaintiff and the right-holder were "potentially in conflict"
Powell v. McCormack
395 U.S. 486 (1969) Cited 3,050 times 1 Legal Analyses
Holding that the obviation of the petitioner's claim for injunctive relief did not render the whole case moot, when a damages claim for backpay remained
Steffel v. Thompson
415 U.S. 452 (1974) Cited 2,434 times 1 Legal Analyses
Holding that Younger abstention is inappropriate when no state-court proceeding "is pending at the time the federal complaint is filed," because in that circumstance "federal intervention does not result in duplicative legal proceedings or disruption of the state criminal justice system"; it cannot "be interpreted as reflecting negatively upon state court's ability to enforce constitutional principles"; and the absence of a pending state-court proceeding deprives "the federal plaintiff [of] a concrete opportunity to vindicate his constitutional rights"
Franklin v. Massachusetts
505 U.S. 788 (1992) Cited 750 times 3 Legal Analyses
Holding that the decennial census report was not subject to judicial review, because it carried "no direct consequences for the reapportionment," and the President was "not expressly required to adhere to the policy decisions reflected in the Secretary's report"
National Credit Union Admin. v. 1st Nat. Bank Trust
522 U.S. 479 (1998) Cited 323 times 2 Legal Analyses
Holding an interpretation was "impermissible under the first step of Chevron " in part because it created surplusage
Prasco, LLC v. Medicis Pharmaceutical Corp.
537 F.3d 1329 (Fed. Cir. 2008) Cited 294 times 6 Legal Analyses
Holding that one prior lawsuit concerning different products, without more, was not sufficient to sustain an actual controversy
Clemons v. Crawford
585 F.3d 1119 (8th Cir. 2009) Cited 208 times
Finding that a court must apply the same standard of review on a Rule 12(c) motion for judgment on the pleadings as it does on a 12(b) motion to dismiss
Microchip Tech. v. Chamberlain Group
441 F.3d 936 (Fed. Cir. 2006) Cited 61 times 4 Legal Analyses
Holding that, where sole injury alleged was economic harm to declaratory plaintiff caused by patentee's purported threatening of its customers, "[s]uch an economic interest alone . . . cannot form the basis of an `actual controversy' under the Declaratory Judgment Act."
Section 2201 - Creation of remedy
28 U.S.C. § 2201 Cited 24,489 times 61 Legal Analyses
Granting district courts the authority to create a remedy with the force of a final judgment
Section 353 - Exemptions and consideration for certain drugs, devices, and biological products
21 U.S.C. § 353 Cited 298 times 20 Legal Analyses
Requiring a prescription drug label to bear the symbol "Rx only"
Section 393 - Food and Drug Administration
21 U.S.C. § 393 Cited 182 times 10 Legal Analyses
Defining the FDA's mission
Section 829 - Prescriptions
21 U.S.C. § 829 Cited 170 times 17 Legal Analyses
Authorizing prescriptions for drugs on Schedule II, III, IV, and V only
Section 1306.04 - Purpose of issue of prescription
21 C.F.R. § 1306.04 Cited 330 times 27 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"

Ringo, et al v. Lombardi et al

22 Cited authorities

Holding "the phrase 'case of actual controversy' in the Act refers to the types of 'Cases' and 'Controversies' that are justiciable under Article III"

Holding that Congress had not yet empowered the FDA to regulate tobacco products

Holding that the plaintiff lacked standing because the interests of the plaintiff and the right-holder were "potentially in conflict"

Holding that the obviation of the petitioner's claim for injunctive relief did not render the whole case moot, when a damages claim for backpay remained

Holding that the decennial census report was not subject to judicial review, because it carried "no direct consequences for the reapportionment," and the President was "not expressly required to adhere to the policy decisions reflected in the Secretary's report"

Holding an interpretation was "impermissible under the first step of Chevron " in part because it created surplusage

Holding that one prior lawsuit concerning different products, without more, was not sufficient to sustain an actual controversy

Finding that a court must apply the same standard of review on a Rule 12(c) motion for judgment on the pleadings as it does on a 12(b) motion to dismiss

Holding that, where sole injury alleged was economic harm to declaratory plaintiff caused by patentee's purported threatening of its customers, "[s]uch an economic interest alone . . . cannot form the basis of an `actual controversy' under the Declaratory Judgment Act."

Granting district courts the authority to create a remedy with the force of a final judgment

Requiring a prescription drug label to bear the symbol "Rx only"

Defining the FDA's mission

Authorizing prescriptions for drugs on Schedule II, III, IV, and V only

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"