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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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- A New Report Takes an Evidence-Based Approach to Analyzing the BLOCKING Act May 25, 2022
- FDA Issues Safety Warning Regarding Non-Invasive Prenatal Testing Raising Questions About the Future of FDA Regulation of LDTs May 25, 2022
- FDA Issues Flurry of Warning Letters Regarding Adulterated Dietary Supplements May 24, 2022
- HP&M’s Sara Koblitz to Present at DC Bar’s FDA for IP Lawyers Webinar May 23, 2022
- Through Enforcement Discretion, FDA Facilitates Market Entry for New Infant Formulas (For Now); President Invokes Defense Production Act May 19, 2022
- 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