Bracco Diagnostics, Inc. v. Shalala

How courts have described this case

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

• enjoining “FDA from proceeding with any approval or review 11 proceedings”
• saying of contrast agents that “all likely meet both . . . definition[s] . . . and the FDA therefore has discretion in determining how to treat them,” though it cannot “permit two sets of similar products to run down separate tracks . . . for no apparent reason”
• “The disparate treatment of functionally indistinguishable products is the essence of the meaning of arbitrary and capricious”
• “FDA is not free to ... permit two sets of similar products to run down two separate racks, one more treacherous than the other, for no apparent reason.”
• “While the injury to plaintiffs is admittedly economic, there is no adequate compensatory or other corrective relief that can be provided at a later date, tipping the balance in favor of injunctive relief.”

Source: CourtListener parenthetical corpus (CC0).