In the News

David Graham, Kristina Kaluza Co-Author Article in July/August Issue of Metropolitan Corporate Counsel

Offer Insights Into Recent Decisions Involving FDA That Have Potentially Narrowed Regulatory Deference, Key Principle of Administrative Law

July 10, 2014

Two Minneapolis-based Dykema attorneys—David Graham, a commercial trial lawyer in the Firm’s Products and Professional Liability Practice Group; and Kristina Kaluza, a lawyer in the Business Litigation Group—co-authored an article (“Redrawing Chevron Deference”) that appears in the July/August 2014 issue of Metropolitan Corporate Counsel magazine. This publication, distributed 11 times each year, is read by more than 30,000 top-tier executives (chief legal officers, general counsel) in the law departments of major U.S. companies.

In the article, Graham and Kaluza call attention to a flurry of recent court cases around the country that seem to indicate a narrowing of agency deference—a core principle in administrative law, first promulgated thirty years ago in the landmark Supreme Court decision, Chevron, U.S.A., Inc. v. Natural Resources Defense Counsel, Inc.

Graham—who has represented clients in the food, pharmaceutical and medical device industries and defended clients in multiple FDA and USDA food labeling, advertising and safety matters—notes that the since the Chevron decision in 1983 (a decision that Graham acknowledges to be “good law”), subsequent decisions by the courts appear to be endeavoring to create “a more predictable environment” in which industry can operate.

To read this article in its entirety, click here.