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FRIEDMAN v. SEBELIUS

No. 11-5028.

686 F.3d 813 (2012)

Michael FRIEDMAN, et al., Appellants v. Kathleen SEBELIUS, in her Official Capacity as Secretary, Department of Health and Human Services and Daniel R. Levinson, in his Official Capacity as Inspector General, Department of Health And Human Services, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 27, 2012.

Attorney(s) appearing for the Case

Carter G. Phillips argued the cause for appellants. With him on the briefs were Matthew D. Krueger , Joseph R. Guerra , Anand H. Das , Jonathan L. Abram , and Jonathan L. Diesenhaus .

Lisa S. Blatt , Jeffrey L. Handwerker , and Dirk C. Phillips were on the brief for amicus curiae Pharmaceutical Research and Manufacturers of America in support of appellants.

Amar D. Sarwal was on the brief for amicus curiae Association of Corporate Counsel in support of appellants.

Michael A. Carvin , Daniel J. Popeo , and Richard A. Samp were on the brief for amicus curiae Washington Legal Foundation in support of appellants.

Robin M. Meriweather , Assistant U.S. Attorney, argued the cause for appellees. With her on the brief were Ronald C. Machen Jr. , U.S. Attorney, and R. Craig Lawrence , Assistant U.S. Attorney.

Opinion dissenting in part, concurring in part, and concurring in the judgment filed by Senior Circuit Judge WILLIAMS.

GINSBURG, Senior Circuit Judge:

Michael Friedman, Paul Goldenheim, and Howard Udell were executives at the Purdue Frederick Company when it misbranded a drug, to wit, the painkiller Oxy-Contin, a schedule II controlled substance. The Company was convicted of fraudulent misbranding, a felony, whilst the executives were convicted under the "responsible corporate officer" doctrine of the misdemeanor of misbranding a drug. Based upon their convictions, the Secretary of...

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