APC files amicus on motion to rehear Zyla

On Wednesday, APC submitted an amicus brief supporting a motion by Wells Pharma, which is defending itself against a lawsuit by Zyla Life Sciences. Wells has asked that the case be heard en banc.

Last week we told you about the dangerous decision in the case by three judges on the Fifth Circuit — a decision that could pave the way for compounding to be eliminated in some states. That decision, we and our attorneys thought, was lacking in logic, possibly because of the judges’ wider political considerations. (See our attorneys’ analysis for the nitty-gritty of the decision, its logic, and its implications.)

Wells then responded by submitting a motion for the case to be heard en banc, i.e., by the entire Fifth Circuit, not just the three-judge panel. The hope is that the full panel of judges would see past the politics, reverse the decision, and grant Wells the dismissal it requested. 

Unfortunately, because of that wider-ranging political question affecting this case — how state and federal laws affect each other — there’s a decent chance it will make its way to the Supreme Court where, with apologies to Cole Porter, 🎵 anything goes. Of course we’ll keep you updated.

A special shout-out and thanks to everyone who contributed to APC’s Legal Action Fund (or invested in a Package Deal). That’s what funded our brief through our attorneys at Boesen & Snow, and makes it possible for us to have a voice when it comes to critical issues like this one.