United States Tenth Circuit

Denial of disgorgement of profits as a remedy for defendant's violation of the Federal Food, Drug and Cosmetic Act (FDCA) in a case involving prescription drug sales from Canada is reversed where the district court erred in concluding disgorgement was not an available remedy under the FDCA as a matter of law.

Appellate Information

• Decided 02/23/2006
• Published 02/23/2006

Judges

• MURPHY, Circuit Judge., Before HENRY, McWILLIAMS and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Mark Reiling Freeman, Appellate Staff, Civil Division, U.S. Department of Justice (Peter D. Keisler, Assistant Attorney General, David E. O'Meilia, United States Attorney, Scott R. McIntosh, Appellate Staff, Civil Division, U.S. Department of Justice, Alex M. Azar II, General Counsel, Sheldon T. Bradshaw, Chief Counsel, Food and Drug Division, Gerald F. Masoudi, Acting Chief Counsel, Food and Drug Division, Eric M. Blumberg, Deputy Chief Counsel, Litigation, Michael M. Levy, Associate Chief Counsel for Enforcement, United States Department of Health and Human Services, Office of the General Counsel, Of Counsel, with him on the briefs), Washington, D.C., for Plaintiff-Counter-Defendant-Appellant., Fred E. Stoops, Sr. (E. Diane Hinkle, with him on the brief), Tulsa, Oklahoma, for Defendants-Counter-Claimants-Appellees., Daniel J. Popeo, Richard A. Samp, Counsel of Record, Washington Legal Foundation, Washington, D.C., filed an amicus curiae brief on behalf of Defendants-Counter-Claimants-Appellees.