The start of the fall term in the U.S. Court of Appeals for the D.C. Circuit wasn’t a particularly pleasant one for the U.S. Justice Department, which found itself last week taking a barrage of questions over whether the government left the court in the dark about a controversial enforcement action against a national pharmaceutical chain.
The appeals court, which resumed hearing oral arguments on September 10 after a summer break, questioned DOJ’s stance in a closely watched dispute between CVS Caremark Corp. and the U.S. Drug Enforcement Administration over licenses to sell controlled substances at two retail stores in Florida.
