No. 22-708

Gripum, LLC v. Food and Drug Administration

Lower Court: Seventh Circuit
Docketed: 2023-01-30
Status: Denied
Type: Paid
Experienced Counsel
Tags: administrative-agencies administrative-law administrative-procedure-act agency-deference conflicts-of-interest evidentiary-requirements fda-guidance judicial-deference judicial-review regulatory-conflict tobacco-control-act
Key Terms:
AdministrativeLaw JusticiabilityDoctri
Latest Conference: 2023-05-11
Question Presented (AI Summary)

What level of judicial deference is afforded to administrative agencies with conflicts of interest?

Question Presented (OCR Extract)

QUESTIONS PRESENTED The questions presented for review are: (1) What level of judicial deference, if any, is afforded the determinations of administrative agencies which have a conflict of interest vis-dvis regulated parties; (2) Whether an agency violates the Administrative Procedure Act when it changes a key evidentiary requirement without prior notice to regulated parties after the expiration of the deadline for complying with such new requirement; and (3) Whether an agency violates the Administrative Procedure Act when it rigidly adheres to a presumption which is overbroad and lacks evidentiary support.

Docket Entries

2023-05-15
Petition DENIED.
2023-04-19
DISTRIBUTED for Conference of 5/11/2023.
2023-04-11
2023-03-31
Brief of respondent Food and Drug Administration in opposition filed.
2023-02-15
Motion to extend the time to file a response is granted and the time is extended to and including March 31, 2023.
2023-02-14
Motion to extend the time to file a response from March 1, 2023 to March 31, 2023, submitted to The Clerk.
2023-01-26
Petition for a writ of certiorari filed. (Response due March 1, 2023)
2022-12-01
Application (22A482) granted by Justice Barrett extending the time to file until January 26, 2023.
2022-11-23
Application (22A482) to extend the time to file a petition for a writ of certiorari from November 27, 2022 to January 26, 2023, submitted to Justice Barrett.

Attorneys

Food and Drug Administration
Elizabeth B. PrelogarSolicitor General, Respondent
Gripum LLC
J. Gregory TroutmanTroutman Law Office, PLLC., Petitioner