1. Home
  2. Browse Decisions
  3. F.4th
  4. 14 F.4th
  5. 14 F.4th 1299 (2021)
 

CATALYST PHARMACEUTICALS, INC. v. BECERRA

No. 20-13922.

14 F.4th 1299 (2021)

CATALYST PHARMACEUTICALS, INC., Plaintiff-Appellant, v. Xavier BECERRA, Secretary of Health and Human Services, U.S. Department of Health and Human Services, Janet Woodcock, Acting Commissioner of the Food and Drug Administration, U.S. Food and Drug Administration, Defendants-Appellees, Jacobus Pharmaceutical Company, Inc., Intervenor-Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 30, 2021.

Attorney(s) appearing for the Case

Philip Perry , Ryan Baasch , Cherish Alise Drain , Monica C. Groat , John R. Manthei , Andrew Prins , Latham & Watkins, LLP, Washington, DC, Michael Constantine Marsh , Attorney, Ryan Alan Roman , Akerman, LLP, Fort Lauderdale, FL, for Plaintiff-Appellant.

Brian James Springer , Scott R. McIntosh , U.S. Attorney General's Office, Washington, DC, Ann F. Entwistle , U.S. Department of Justice, Civil Division, Washington, DC, for Defendants-Appellees Alex Azar, Secretary of Health and Human Services.

Brian James Springer , Scott R. McIntosh , U.S. Attorney General's Office, Washington, DC, for Defendants-Appellees U.S. Department of Health and Human Services, Norman Sharpless, Acting Commissioner of Food and Drugs, U.S. Food and Drug Administration.

Marisa Maleck , Joel L. McElvain , Gabriel Krimm , King & Spalding, LLP, Washington, DC, Jarred Lee Reiling , King & Spalding, LLP, Chicago, IL, for Defendant-Appellee KrimJacobus Pharmaceutical Company, Inc.

Before LAGOA, ANDERSON, and MARCUS, Circuit Judges.

This appeal asks us to determine whether the statutory phrase "same disease or condition" contained in the Orphan Drug Act, see 21 U.S.C. § 360cc, is ambiguous. It is not. By finding this statutory phrase ambiguous and then deferring to the U.S. Food and Drug Administration's interpretation of it, the district court...

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