No. 22-708
Gripum, LLC v. Food and Drug Administration
Tags: administrative-agencies administrative-law administrative-procedure-act agency-deference conflicts-of-interest evidentiary-requirements fda-guidance judicial-deference judicial-review regulatory-conflict tobacco-control-act
Latest Conference:
2023-05-11
Question Presented (from Petition)
(1) What level of judicial deference, if any, is afforded the determinations of administrative agencies which have a conflict of interest vis-à-vis regulated parties;
(2) Whether an agency violates the Administrative Procedure Act when it changes a key evidentiary requirement without prior notice to regulated parties after the expiration of the deadline for complying with such new requirement; and
(3) Whether an agency violates the Administrative Procedure Act when it rigidly adheres to a presumption which is overbroad and lacks evidentiary support.
Question Presented (AI Summary)
What level of judicial deference is afforded to administrative agencies with conflicts of interest?
Docket Entries
2023-05-15
Petition DENIED.
2023-04-19
DISTRIBUTED for Conference of 5/11/2023.
2023-04-11
Reply of petitioner Gripum LLC filed.
2023-03-31
Brief of respondent Food and Drug Administration in opposition filed.
2023-02-15
Motion to extend the time to file a response is granted and the time is extended to and including March 31, 2023.
2023-02-14
Motion to extend the time to file a response from March 1, 2023 to March 31, 2023, submitted to The Clerk.
2023-01-26
Petition for a writ of certiorari filed. (Response due March 1, 2023)
2022-12-01
Application (22A482) granted by Justice Barrett extending the time to file until January 26, 2023.
2022-11-23
Application (22A482) to extend the time to file a petition for a writ of certiorari from November 27, 2022 to January 26, 2023, submitted to Justice Barrett.
Attorneys
Food and Drug Administration
Elizabeth B. Prelogar — Solicitor General, Respondent
Gripum LLC
J. Gregory Troutman — Troutman Law Office, PLLC., Petitioner