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Supreme Court Issues Decision that Maintains the Flexibility of Appellate Courts to Stay Government Orders Pending Appeal
April 23, 2009By John R. Fleder & JP Ellison —By JP Ellison & John R. Fleder –
The Supreme Court’s April 22, 2009 decision in NKEN v. HOLDER relates to expediting the removal of aliens from this country. The decision merits mention here because it preserves the ability of appellate courts to stay government action pending an appeal. Regulated companies should remember that the government’s view, and even the view of a trial court, may not be the final word. Appellate review of trial courts and administrative actions plays an important role in our system, and the Court’s decision reinforces that point. This decision also has an interesting discussion of what the Court described as the differences between a “stay” and an “injunction”
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- Area of Interest Funding – “There’s Always Money in the Banana Stand” March 3, 2021
- OPDP Issues Second Warning Letter of 2021. But Wait, Where Did the OPDP Warning Letters Go? March 2, 2021
- Beware EUA Deprioritization! February 25, 2021
- Getting Into the Weeds of USDA’s Hemp Production Program Regulations February 24, 2021
- “Tongue and Done” – Just . . . No. February 18, 2021
- Big Molecule Watch Blog
- Bloomberg BNA Health Care Blog
- Drug and Device Law Blog
- Eye on FDA
- FDA Matters
- Harvard Law Bill of Health
- IN VIVO Blog
- Internet Drug News.com
- Lachman Consultants Blog
- Medical Devices Today
- Orange Book Blog
- The Orange Book Insights Blog
- Pharma IQ
- Pharmalot
- SCOTUS Blog
- The Volokh Conspiracy
- WLF Legal Pulse
- Advertising and Promotion (Federal Trade Commission)
- Advertising and Promotion (OPDP)
- Animal Drugs and Feeds
- Biosimilars
- Cannabis
- cGMP Compliance
- Consumer Product Safety Commission
- Controlled Substances
- Cosmetics
- COVID19
- Current Affairs
- Dietary Supplements
- Drug Development
- Drug Enforcement Administration
- Enforcement
- FDA News
- Foods
- Foods and Dietary Supplements
- Fraud and Abuse
- Government Pricing
- Hatch-Waxman
- Health Care
- Health Privacy
- Import/Export
- In Vitro Diagnostic Devices
- Jobs
- Medical Devices
- Miscellaneous
- Orphan Drugs
- OTC Drugs and Cosmetics
- Prescription Drugs and Biologics
- Product Jurisdiction and Combination Products
- Reimbursement
- Tissue Products
- Tobacco
- Uncategorized