The U.S. Supreme Court granted Robbins Russell’s petition for certiorari challenging the Eleventh Circuit’s outlier rule that a doctor may not assert a good faith defense to a charge that he unlawfully prescribed controlled substances. The Supreme Court is expected to hold oral argument on the case early next year, and will decide whether the Eleventh Circuit’s rule is contrary to Supreme Court precedent and the intent of Congress, and subjects physicians to a federal felony liability for treatments that may be innovative and in the best interests of patients or merely negligent and better addressed by state licensing boards and civil penalties. Lawrence S. Robbins and Jeffrey C. Thalhofer worked on the successful petition and will handle the merits-stage proceedings on behalf of Dr. Xiulu Ruan.
This will be Robbins Russell’s 18th merits case argued in the Supreme Court, and the 46th case argued by a Robbins Russell lawyer during their careers. For more information, please visit the firm’s Supreme Court & Appellate Litigation practice profile.