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Gripum, LLC v. Food and Drug Administration

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 21-2840 · judgment August 29, 2022


Certiorari denied · May 15, 2023
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a business petitioner.

Question presented

The questions presented for review are:

  1. What level of judicial deference, if any, is afforded the determinations of administrative agencies which have a conflict of interest vis-à- vis regulated parties;

  2. Whether an agency violates the Administrative Procedure Act when it changes a key evidentiary requirement without prior notice to regulated parties after the expiration of the deadline for complying with such new requirement; and

  3. Whether an agency violates the Administrative Procedure Act when it rigidly adheres to a presumption which is overbroad and lacks evidentiary support.

Counsel of record

For petitioner
J. Gregory Troutman
Troutman Law Office, PLLC.

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Linked docket
22A482

Proceedings

  1. May 15 2023
    Petition DENIED.
  2. Apr 19 2023
    DISTRIBUTED for Conference of 5/11/2023.
  3. Apr 11 2023
    Reply of petitioner Gripum LLC filed.
  4. Mar 31 2023
    Brief of respondent Food and Drug Administration in opposition filed.
  5. Feb 15 2023
    Motion to extend the time to file a response is granted and the time is extended to and including March 31, 2023.
  6. Feb 14 2023
    Motion to extend the time to file a response from March 1, 2023 to March 31, 2023, submitted to The Clerk.
  7. Jan 26 2023
    Petition for a writ of certiorari filed. (Response due March 1, 2023)
  8. Jan 06 2023
    Application of Gripum LLC for a further extension of time not accepted for filing. (April 20, 2023)
  9. Dec 01 2022
    Application (22A482) granted by Justice Barrett extending the time to file until January 26, 2023.
  10. Nov 23 2022
    Application (22A482) to extend the time to file a petition for a writ of certiorari from November 27, 2022 to January 26, 2023, submitted to Justice Barrett.