· 11/6/2001
Amer Bioscience Inc v. Thompson, Tommy G.
Citations
- 269 F.3d 1077
- 348 U.S. App. D.C. 77
- 2001 U.S. App. LEXIS 23893
- 2001 WL 1355189
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that 3 The plaintiff’s reliance on Horn v. Huddle, Jr., 636 F. Supp. 2d 10 (D.D.C. 2009
- noting that the FDA, “based on its acknowledged lack of expertise and resources, has refused to become involved” in intellectual property disputes
- explaining that the question of whether an agency acted in an arbitrary and capricious manner is a legal one and “[a]bsent very unusual circumstances the district court does not take testimony.”
- describing informal adjudications as agency actions that are neither the product of formal adjudication nor a rule-making
- remanding without vacating when the court is unsure of the grounds the agency asserts to defend its action
- warning against the use of preliminary injunction motions in APA cases
Source: CourtListener parenthetical corpus (CC0).
Judges: Tatel, Silberman, Williams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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