Alpharma, Inc., a Delaware Corporation v. Pennfield Oil Company, Doing Business as Pennfield Animal Health, a Nebraska Corporation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting in response to plaintiffs lawsuit against it, the FDA filed a stipulation stating it lacked any record of approving the defendant’s product for the uses in question
• refusing to refer issue to agency as issue turns on matters “well within the ‘conventional experience of judges’ ”
• \primary jurisdiction should seldom be invoked unless a factual guestion reguires both expert consideration and uniformity of resolution\
• “The doctrine is to be ‘invoked sparingly, as it often results in added expense and delay.’”
• “The doctrine is to be ‘invoked sparingly, as it often results in added expense and delay.’” (citation omitted)
• “The contours of primary jurisdiction are not fixed by a precise formula.”

Source: CourtListener parenthetical corpus (CC0).