Hybrid Pharma Appeal Fails to Revive Selective Prosecution Suit

The drug compounder Hybrid Pharma LLC, an FDA outsourcing facility, lost its Eleventh Circuit attempt to revive a lawsuit against Florida regulators it claims engaged in selective prosecution.

Hybrid—which accused three current and former Florida Department of Health regulators of improperly targeting the firm—failed to identify a valid comparator for its class-of-one equal protection clause claim, the appeals court said.

Because Hybrid failed to show that the alleged comparators engaged in similar conduct and misconduct, if failed to show its comparators were similarly situated, the US Court of Appeals for the Eleventh Circuit said.

That failure is fatal to ...