23 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 237,147 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 217,112 times 40 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
Soremekun v. Thrifty Payless
509 F.3d 978 (9th Cir. 2007) Cited 2,271 times 1 Legal Analyses
Holding that speculative testimony is insufficient to defeat summary judgment
United States v. W. T. Grant Co.
345 U.S. 629 (1953) Cited 2,233 times 5 Legal Analyses
Holding that, although defendant had "disclaimed any intention" to revive the challenged conduct, "[s]uch a profession does not suffice to make a case moot although it is one of the factors to be considered in determining the appropriateness of granting an injunction against the now-discontinued acts"
F.T.C. v. Stefanchik
559 F.3d 924 (9th Cir. 2009) Cited 687 times
Holding "the district court did not abuse its discretion by holding the defendants liable for the full amount of loss incurred by consumers"
U.S. v. Odessa Union Warehouse Co-op
833 F.2d 172 (9th Cir. 1987) Cited 216 times
Finding no showing of irreparable injury necessary where the injunction was authorized by 21 U.S.C. § 332 and statutory conditions had been satisfied
Commodity Futures Trading Com'n v. Hunt
591 F.2d 1211 (7th Cir. 1979) Cited 159 times
Holding that Porter authorized disgorgement under the Commodity Exchange Act
Securities and Exchange Commission v. Bonastia
614 F.2d 908 (3d Cir. 1980) Cited 129 times 1 Legal Analyses
Holding that good faith reliance on advice of counsel was not available as a defense to allegations of violations of federal securities laws in light of the high ranking positions held by defendant in various companies engaged in wrongdoing and the district court's specific findings of scienter
United States v. Diapulse Corp. of America
457 F.2d 25 (2d Cir. 1972) Cited 92 times
Holding irreparable injury not required where government agency sought preliminary injunction barring sale of misbranded medical device
U.S. v. Blue Ribbon Smoked Fish, Inc.
179 F. Supp. 2d 30 (E.D.N.Y. 2001) Cited 16 times
Finding seafood products are food subject to the FDCA
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 330,074 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 355 - New drugs
21 U.S.C. § 355 Cited 2,252 times 341 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"
Section 331 - Prohibited acts
21 U.S.C. § 331 Cited 1,519 times 105 Legal Analyses
Prohibiting the sale of adulterated foods
Section 321 - Definitions; generally
21 U.S.C. § 321 Cited 1,169 times 165 Legal Analyses
Defining “new drug”
Section 343 - Misbranded food
21 U.S.C. § 343 Cited 570 times 59 Legal Analyses
Setting labeling requirements for food products
Section 342 - Adulterated food
21 U.S.C. § 342 Cited 335 times 14 Legal Analyses
Stating that "food shall be deemed adulterated . . . if it has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health"
Section 332 - Injunction proceedings
21 U.S.C. § 332 Cited 268 times 6 Legal Analyses
Granting the district court jurisdiction to restrain violations of FDCA
Section 264 - Regulations to control communicable diseases
42 U.S.C. § 264 Cited 92 times 42 Legal Analyses
Granting the FDA authority to "make and enforce such regulations as in [its] judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases"
Section 1240.3 - General definitions
21 C.F.R. § 1240.3 Cited 6 times 1 Legal Analyses
As used in this part, terms shall have the following meaning: (a)Bactericidal treatment. The application of a method or substance for the destruction of pathogens and other organisms as set forth in § 1240.10 . (b)Communicable diseases. Illnesses due to infectious agents or their toxic products, which may be transmitted from a reservoir to a susceptible host either directly as from an infected person or animal or indirectly through the agency of an intermediate plant or animal host, vector, or the

United States of America v. Organic Pastures Dairy Company LLC et al

23 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

Holding that speculative testimony is insufficient to defeat summary judgment

Holding "the district court did not abuse its discretion by holding the defendants liable for the full amount of loss incurred by consumers"

Finding no showing of irreparable injury necessary where the injunction was authorized by 21 U.S.C. § 332 and statutory conditions had been satisfied

Holding that Porter authorized disgorgement under the Commodity Exchange Act

Holding that good faith reliance on advice of counsel was not available as a defense to allegations of violations of federal securities laws in light of the high ranking positions held by defendant in various companies engaged in wrongdoing and the district court's specific findings of scienter

Holding irreparable injury not required where government agency sought preliminary injunction barring sale of misbranded medical device

Finding seafood products are food subject to the FDCA

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

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"

Prohibiting the sale of adulterated foods

Defining “new drug”

Setting labeling requirements for food products

Stating that "food shall be deemed adulterated . . . if it has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health"

Granting the district court jurisdiction to restrain violations of FDCA

Granting the FDA authority to "make and enforce such regulations as in [its] judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases"