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April 2013 Archives

Court Rules Against AstraZeneca on Scope of Drug Exclusivity

When the FDA approves a pharmaceutical manufacturer’s New Drug Application application, the Federal Food, Drug, and Cosmetic Act (FDCA) entitles the manufacturer to a period of marketing exclusivity during which the FDA cannot approve bioequivalent generics. Once the exclusivity period has expired, the FDA can approve generic drugs bioequivalent to the pioneer drug through an abbreviated new drug application.

But there’s a way for drug manufacturers to extend their marketing exclusivity period: The FDCA provides for additional periods of exclusivity for pioneer drug through an abbreviated new drug application (ANDA).

En Banc Review for Conspiracy, Material Support Convictions

Remember when the D.C. Circuit overturned Osama bin Laden’s driver’s conviction for material support of terrorism last October? It seems that wasn’t the appellate court’s final word on the issue.

Tuesday, the D.C. Circuit agreed to reconsider its take on Military Commissions Act convictions en banc in Ali Hamza Ahmad al Bahlul v. USA, a case involving Osama bin Laden’s personal and media director.

Lie-Riddled Search Warrant Survives Motion to Suppress

Police officers executed a search warrant for Jared Cardoza’s apartment and seized more than 200 grams of cocaine, more than 300 grams of marijuana, a Beretta 9-millimeter semi-automatic pistol, a Colt .357 revolver, more than $100,000 in cash, and a variety of drug paraphernalia.

Yikes. You don’t want to be that guy, right?

After the government obtained a grand jury indictment against Cardoza for federal drug trafficking and firearm offenses, he moved to suppress the evidence found in his apartment. According to Cardoza, the police officer who prepared the search warrant affidavit made false statements in the affidavit with reckless disregard for the truth.

Can a Flood of Nominees Plug the Holes in the D.C. Circuit?

Politico proclaims that there’s a “showdown on the D.C. Circuit.” The Washington Post editorial board calls it the “Republicans’ D.C. Circuit barricade.”

After four years of unfilled vacancies on the nation’s so-called second-highest court, the media is finally giving this confirmation crisis the Pay-Per-View boxing-worthy buzz it deserves.

In case you don’t follow the federal judicial vacancies like we do, there are four spots to be filled on the D.C. Circuit Court of Appeals. One of those spots — Chief Justice John Roberts former seat — has been empty since 2005. That’s what we obsessive-court-watchers refer to as “not good.”

Can a Single Slur Create a Hostile Work Environment?

Some hostile work environment claims are a little iffy. They are filled with suggestion or innuendo. The summary judgment phase in such claims might be a close call.

Placide Ayissi-Etoh's hostile work environment claim against Fannie Mae is not one of those claims, according to the D.C. Circuit Court of Appeals.

DOJ Loses in Negative Spoliation Inference Appeal

Three rejected Department of Justice Honors Program applicants will get their day in court after all.

The Honors Program is a big deal. It is “the exclusive means by which the Department hires” entry-level attorneys, and it ultimately determines the composition of the Department’s career attorneys. Three applicants to the program sued the Department, alleging that they never made it to the interview round because of their political affiliations.

Though the Privacy Act generally prohibits government agencies from maintaining records regarding an individual’s exercise of his First Amendment rights, the three plaintiffs claim that senior Justice officials annotated their applications and Internet printouts with notes about their political affiliations.