Tuesday, November 21, 2006
D.C. Circuit Grants Rehearing en banc in the Abigail Alliance Case
On May 30, I blogged about the D.C. Circuit's opinion in Abigail Alliance, et al v. Von Eschenbach, et al, in which the Court held unconstitutional the Food and Drug Administration's practice of restricting the marketing of new drugs until all three stages of testing had been completed. The Wall Street Journal is reporting that the Court has vacated the three judge panel opinion in order to rehear the case before the full court (en banc). This is an unusual action and at least a temporary victory for the Food and Drug Administration.