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Ringo, et al v. Lombardi et al

REPLY SUGGESTIONS to motion re MOTION for summary judgment and suggestions in support, 209 MOTION for summary judgment Reply to Defendants' "Reply to Plaintiff's Supplemental Suggestions" on Summary Judgment

7 Cited authorities

  1. United States v. Moore

    423 U.S. 122 (1975)   Cited 294 times   4 Legal Analyses
    Holding "that registered physicians can be prosecuted under § 841 when their activities fall outside the usual course of professional practice"

  2. U.S. v. Armstrong

    550 F.3d 382 (5th Cir. 2008)   Cited 80 times
    Upholding instruction stating that “ controlled substance is prescribed by a physician in the usual course of professional practice, and therefore, lawfully, if the substance is prescribed by him or her in good faith, medically treating a patient in accordance with a standard of medical practice generally recognized and accepted in the United States”

  3. U.S. v. Smith

    573 F.3d 639 (8th Cir. 2009)   Cited 48 times   1 Legal Analyses
    Holding that a pharmacist's "working knowledge of what constitutes a valid prescription" could not "be divorced from having an awareness as to the quantity and quality of patient information a doctor must have in order to prescribe a particular drug"

  4. U.S. v. Kanner

    603 F.3d 530 (8th Cir. 2010)   Cited 14 times
    Rejecting vagueness challenge in online pharmacy case with very similar facts

  5. United States v. Collier

    478 F.2d 268 (5th Cir. 1973)   Cited 59 times
    Holding that courts have interpreted this language easily since its inception, and this is convincing that it is not vague

  6. Section 802 - Definitions

    21 U.S.C. § 802   Cited 3,940 times   80 Legal Analyses
    Defining "marijuana"

  7. Section 1306.11 - Requirement of prescription

    21 C.F.R. § 1306.11   Cited 9 times   3 Legal Analyses

    (a) A pharmacist may dispense directly a controlled substance listed in Schedule II that is a prescription drug as determined under section 503 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b) ) only pursuant to a written prescription signed by the practitioner, except as provided in paragraph (d) of this section. A paper prescription for a Schedule II controlled substance may be transmitted by the practitioner or the practitioner's agent to a pharmacy via facsimile equipment, provided