United States v. Evers
United States Court of Appeals for the Fifth Circuit
643 F.2d 1043 (1981)
- Written by Alex Ruskell, JD
Facts
Dr. Evers (defendant) promoted and administered a drug for a use not approved by the Food and Drug Administration (FDA). The FDA sued Dr. Evers, claiming that the drug was misbranded because Dr. Evers did not provide adequate directions for the drug’s use to other physicians and it was held for sale and shipment in interstate commerce. Dr. Evers only used the drug in an unapproved way for his own patients and did not sell the drug to anyone else, although he did promote its use in a non-FDA approved manner. The district court ruled in Dr. Evers’s favor, finding no misbranding could result from a doctor’s prescription of a drug to his or her own patients. The government appealed, arguing that it was mainly concerned with Dr. Evers’s promotion of the drug for an unapproved use.
Rule of Law
Issue
Holding and Reasoning (Randall, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
