date:Apr 22, 2014
ng May Stall or Dismiss ECJ Lawsuits
So far, the most important issue in the ECJ lawsuits has been the relationship between FDAs draft guidance and primary jurisdiction. Primary jurisdiction allows courts to dismiss a case without prejudice, e.g., without declaring one side a winner, when the issue is within the special competence of an administrative agency and the agency is taking steps to address an issue. Put differently, a court can dismiss a case on primary jurisdiction grounds and defer