United States v. Alcon Laboratories’s Empirical Analysis
636 F.2d 876 · 1981
Citation profile
32 federal appellate · 6 district ·
How this case has been cited
Cited by 59 later decisions (1 by the Supreme Court) — most recently October 2012 · most notably Sullivan v. Finkelstein (1990), Coastal Steel Corporation v. Tilghman Wheelabrator Ltd Wheelabrator-Frye Inc (1983)
32 federal appellate · 6 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Appellate journey
reviewedthe decision below (from Maine District Court)
Relationships
Applies 21 U.S.C. § 321 (Federal Food, Drug, and Cosmetic Act) · 21 U.S.C. § 332 (Federal Food, Drug, and Cosmetic Act) · 21 U.S.C. § 333 (Federal Food, Drug, and Cosmetic Act) · 21 U.S.C. § 334 (Federal Food, Drug, and Cosmetic Act) · 21 U.S.C. § 355 (Federal Food, Drug, and Cosmetic Act) · 28 U.S.C. § 1291 · 28 U.S.C. § 1292 · 28 U.S.C. § 2105
Relies on Cohen v. Beneficial Industrial Loan Corp. · Richardson v. Perales · Abbott Laboratories v. Gardner · Ohio Bureau of Employment Services v. Hodory · Coopers & Lybrand v. Livesay
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[D]eference to an agency's primary jurisdiction makes little sense in the context of an enforcement proceeding initiated by the agency.”
4 later decisions quote this exact passage · from the dissente.g. United States v. Any and All Radio Station Transmission Equipment, Radio Frequency Power Amplifiers, Radio Frequency Test Equipment and Any Other Equipment Associated With or Used in Connection With the Transmission at 97.7 Mhz, Located at 2903 Bent Oak Highway, Adrian, Michigan, Rick Strawcutter, Claimant-Appellee · United States v. Undetermined Quantities of Various Articles of Drug ... Equidantin Nitrofurantoin Suspension“generally recognized, among experts qualified by scientific training and experience to evaluate the safety and effectiveness of drugs, as safe and effective for use under the conditions prescribed, recommended, or suggested in the labeling thereof, ... [and if the drug has] been used to a material extent or for a material time under such conditions.”
3 later decisions quote this exact passage · from the majority“precludes judicial interference with the FDA's decision to institute enforcement actions, whatever the precise context.”
3 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.