· 7/18/2008
Medical Center Pharmacy v. Mukasey
Citations
- 536 F.3d 383
- 2008 U.S. App. LEXIS 15276
- 2008 WL 2779229
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting the USP is “an independent compendium of drug standards whose authority 9 is recognized by reference in federal law”
- “Construing the FDCA to give the FDA authority over compounding would thus not necessarily ‘lead to a result so bizarre that Congress could not have intended it.’”
- “Construing the FDCA to give the FDA authority over compounding would thus not necessarily ‘lead to a result so bizarre that Congress could not have intended it.’ ”
- “There is no better or more authoritative expression of congressional intent than the statutory text.”
- dismissal for failure to prosecute or failure to comply with court order is reviewed for abuse of discretion
- “[I]t seems unlikely that Congress intended to force compounded drugs to undergo the new drug approval process, a requirement that would have made compounding nearly impossible and thus nonexistent”
Source: CourtListener parenthetical corpus (CC0).
Judges: Higginbotham, Davis, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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