Smoking Everywhere V. FDA Daily Docket Sheet Update--APPEAL's COURT ISSUES STAY

[yvilla]

We are waiting for the FDA to file its Notice of Appeal--and the clock continues to tick. The have until Febuary 3rd to file.
Sun

I believe you are off on the time limits for service of notice of appeal in federal court. For regular parties it is 30 days; for the United States government and its agencies, it is 60 days.

US CODE: Title 28a,Rule 4. Appeal as of Right—When Taken

[Sun Vaporer]

I believe you are off on the time limits for service of notice of appeal in federal court. For regular parties it is 30 days; for the United States government and its agencies, it is 60 days.

US CODE: Title 28a,Rule 4. Appeal as of Right—When Taken

That is for an Appeal from a final judgment--did you look at the rules for an Interloctory Appeal?


Sun

[yvilla]

US CODE: Title 28,1292. Interlocutory decisions

Time limits are not any different - just provides that appeal may be taken.

Edit: Even if an interlocutory appeal requires permission, the time period for the petition for permission is the same as for a notice of appeal.

"(2) The petition must be filed within the time specified by the statute or rule authorizing the appeal or, if no such time is specified, within the time provided by Rule 4 (a) for filing a notice of appeal."

http://128.253.22.246/uscode/html/us...5----000-.html

[Sun Vaporer]

US CODE: Title 28,1292. Interlocutory decisions

Time limits are not any different - just provides that appeal may be taken.

Edit: Even if an interlocutory appeal requires permission, the time period for the petition for permission is the same as for a notice of appeal.

"(2) The petition must be filed within the time specified by the statute or rule authorizing the appeal or, if no such time is specified, within the time provided by Rule 4 (a) for filing a notice of appeal."

US CODE: Title 28a,Rule 5. Appeal by Permission

Thanks for checking on that Yvilla as it can also vary based what Court we are are in. I will give it a double check too. Good practice dictates that the Notice be filed as soon as fesiable, but this is the FDA-- Some are 10 days and some are 20 days again based on the statute and the fall back being 30 days if no time is specified. Last one I took on was 20 days.


Sun


Sun

[Sun Vaporer]

SE & Njoy benefit immensly if other retailers & flavored liquids are banned. Just sayin'....

Kristin---why are you "Just sayin'". It is what it is. If SE and NJOY are going to be the only Suppliers that the FDA is going to leave alone during the pendency of this case, than that is a real problem for everyone.

I do not know too many people on this board that use either of these companies. So lets just spell it out and call a it like it is----it is a bad position to be in right now and that is the bottom line.


Sun

[eric]

Kristin--you may be savey with all this "Digging" but to some of us, all that means is picking up a shovel

Would you mind telling us how to "Digg it". To our generation, that means we go around and shout "Groovy Man" while watching Mod Squad!!!!

So how do we Digg it?


Sun

Bloody brilliant. Absolutely brilliant. I chuckled extensively there, Sun. Thanks for the laugh

[Sun Vaporer]

Bloody brilliant. Absolutely brilliant. I chuckled extensively there, Sun. Thanks for the laugh

Glad you liked it Eric!! I thought it was humorus too about all this Digging. I wish the FDA would "Dig" it too


Sun

[JerryRM]

Could it be that the FDA will take the position that SE and NJoy are tobacco products, as per the ruling but the rest of the e-cigs are drug/devices, according to the FDA's definition?? At least until they are taken to court by another company and on and on and on...

What I mean is, the FDA decides that since "e-cig model X" was not included in the case, that they will consider "e-cig model X" a drug/device, until and if "e-cig model X" takes them to court and wins it's case. Then it too will be considered a tobacco product, but since "e-cigar model Z" was not included in the case, it will be considered a drug/device, until they take the FDA to court and so on and so on and so on......

Until a final ruling is made?

[Sun Vaporer]

Could it be that the FDA will take the position that SE and NJoy are tobacco products, as per the ruling but the rest of the e-cigs are drug/devices, according to the FDA's definition??

Jerry--after this case is fully adjudicated, it will have precedence. This case will define the e-cig for all.


Sun

[JerryRM]

Jerry--after this case is fully adjudicated, it will have precedence. This case will define the e-cig for all.


Sun

True enough Sun, but what about now, the time before the final ruling? If the FDA should take that stance (if they legally can), and continue to confiscate shipments from the other suppliers, there may well be only SE and NJoy, as suppliers, when the case is finally over. True/False?