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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.