Hybrid Pharma Must Pay Fees in Failed Selective Prosecution Suit

Drug compounder Hybrid Pharma LLP’s lawsuit claiming Florida regulators engaged in selective prosecution was frivolous enough to justify awarding attorney’s fees to the defendants, an appeals court said Monday.

The district court didn’t abuse its discretion when it decided Hybrid’s lawsuit was based on an “unsupportable reading” of the circuit’s class-of-one case law, the US Court of Appeals for the Eleventh Circuit said.

“Rather than attempting to show that it and its comparators engaged in the same conduct and received different treatment, as relevant binding case law requires, Hybrid’s position throughout this litigation was that it was sufficient for it ...