United States Fourth Circuit

Petition for review challenging respondent's order imposing monetary sanctions on petitioners for allowing a statutorily-required certification to lapse and for performing mammograms after the certification expired is denied over challenge to the imposition of separate penalties for each of 192 mammograms performed during certification lapse.

Appellate Information

• Argued 05/24/2007
• Decided 08/17/2007
• Published 08/17/2007

Judges

• Before WILKINSON, MOTZ, and TRAXLER, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Timothy Cronin Lynch, Offit & Kurman, Maple Lawn, Maryland, for Petitioners.  Anne Lobell Murphy, United States Department of Justice, Appellate Staff, Civil Division, Washington, DC, for Respondent.   ON BRIEF:  Alex M. Allman, Offit & Kurman, Maple Lawn, Maryland, for Petitioners.  Daniel Meron, General, Sheldon T. Bradshaw, Chief Counsel, Food and Drug Division, Eric M. Blumberg, Deputy Chief Counsel, Litigation, Marci B. Norton, Associate Chief for Enforcement, United States Department of Health And Human Services, Washington, DC;  Peter D. Keisler, Assistant Attorney General, Douglas N. Letter, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, for Respondent.