1. Home
  2. Browse Decisions
  3. F.3d
  4. 469 F.3d
  5. 469 F.3d 129 (2006)
 

ABIGAIL ALLIANCE FOR BETTER ACCESS v. ESCHENBACH

No. 04-5350.

469 F.3d 129 (2006)

ABIGAIL ALLIANCE FOR BETTER ACCESS TO DEVELOPMENTAL DRUGS and Washington Legal Foundation, Appellants v. Andrew C. Von ESCHENBACH, M.D., in his official capacity as Acting Commissioner, Food and Drug Administration, and Michael O. Leavitt, in his official capacity as Secretary, United States Department of Health and Human Services, Appellees.

United States Court of Appeals, District of Columbia Circuit.

November 21, 2006.

Attorney(s) appearing for the Case

Peter G. Keisler, Assistant Attorney General, U.S. Department of Justice, Kenneth L. Wainstein, U.S. Attorney at the time the petition was filed, Gregory G. Katsas, Deputy Assistant Attorney General, Jeffrey Bucholtz, Principal Deputy Assistant Attorney General, Michael J. Ryan and Rhonda C. Fields, Assistant U.S. Attorneys, Mark B. Stern, Scott R. McIntosh, and I. Glenn Cohen, Attorneys, U.S. Department of Justice, Daniel Meron, General Counsel, Food & Drug Administration, Eric M. Blumberg, Deputy Chief Counsel for Litigation, and Karen E. Schifter, Associate Chief Counsel, were on the petition for rehearing and rehearing en banc and supplemental brief on standing for appellees.

J. Scott Ballenger, David A. Price, Daniel J. Popeo, and Richard A. Samp were on the response to the petition for rehearing and rehearing en banc and supplemental brief on standing for appellants.

Before: GINSBURG, Chief Judge, and ROGERS and GRIFFITH, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

Opinion concurring in part and dissenting in part filed by Circuit Judge GRIFFITH.

On Petition for Rehearing

ROGERS, Circuit Judge.

On May 2, 2006, the court held that the district court erred in dismissing a complaint filed by the Abigail Alliance for Better Access to Developmental Drugs ("the Alliance"). We concluded that the district court's dismissal for failure to state a claim pursuant...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases