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Weekly Opinion Summaries
Food & Beverages Cases

May 7, 2010 Weekly Food & Beverages Newsletter
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Table of Contents


  • Wyeth Holdings Corp. v. Sebelius
  • County of San Diego v. Alcoholic Beverage Control Appeals Bd.
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U.S. Fed. Circuit Court of Appeals, May 03, 2010
Wyeth Holdings Corp. v. Sebelius, No. 09-1368
District court's rejection of petitioner's challenge to the FDA's determination of the date on which the approval phase of its phased regulatory review process begins for purposes of calculating patent term extensions, related to an animal drug for the treatment and control of parasites in beef and dairy cattle, is affirmed where: 1) petitioner's argument that section 156(g) unambiguously indicates that an application is initially submitted when a sponsor submits its first technical section is rejected as section 156(g) is ambiguous; 2) the FDA'a interpretation is permissible; and 3) the FDA interpretation challenged by petitioner is not arbitrary and capricious. Read more...

California Appellate Districts, May 05, 2010
County of San Diego v. Alcoholic Beverage Control Appeals Bd. , No. D055745
In a county's petition for a writ of review, challenging the assignment of an ALJ by the Department of Alcoholic Beverage Control to conduct an administrative hearing on their protests against a liquor license application by a resort and casino establishment, the court of appeals finds the Department did not proceed in a manner contrary to law or in excess of its jurisdiction when it directed the ALJ, who is not a judge with the Office of Administrative Hearings, to hear and decide the protests at issue because Bus. & Prof. Code section 24210 authorized the Department to employ its own administrative law judges for the purpose of conducting all hearings under the Alcoholic Beverage Control Act. Furthermore, the ALJ properly denied plaintiff's peremptory challenge and was not required to unilaterally disqualify himself from hearing the matter. Read more...

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