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7 Feb 2008, 10:46 am
Medtronic, Inc., 231 F.3d 216, 230 (6th Cir. 2001).Kemp concluded that the purported "violations" before it were not violations at all - but merely reflected Plaintiffs' incorrect reading of FDA requirements. [read post]
25 Jan 2007, 12:48 am
Baltimore & Ohio Railroad Co., 808 F.2d 329, 332-33 (4th Cir. 1987).The same rationale - that Congress did not intend private enforcement of the FDCA - has also been used to preclude Lanham Act claims asserting FDCA violations as the predicate act under that statute. [read post]
