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May 21, 2018
A team from Cadwalader’s Global Litigation Group notched a landmark achievement for its client Morris & Dickson Company last Friday, as the Drug Enforcement Administration (DEA) announced in court filings that it fully rescinded its immediate suspension order against Morris & Dickson. In its original action on May 2, the DEA suspended Morris & Dickson’s license to distribute controlled substances, an action that would have effectively shut down the 177-year-old family company. Following Cadwalader’s success securing a Temporary Restraining Order against the DEA on May 8, the firm filed for a preliminary injunction on May 15 and anticipated an opposition brief from the DEA on May 18. Instead, attorneys from the Department of Justice announced that the DEA Acting Administrator chose to reverse his immediate suspension order, responding to legal arguments and expert testimony submitted in Cadwalader’s papers for Morris & Dickson.
This extraordinarily rare public reversal from the Justice Department and DEA renders the civil litigation moot and allows Morris & Dickson to continue operating at full capacity. The expedited proceedings required the full time and resources of an inter-departmental team from the Global Litigation Group, joining a White Collar Defense and Investigations team from Washington with a Corporate & Financial Services Litigation team from New York. Partner Jodi Avergun led the team, joined by associates Keith Gerver, Alex Hokenson, and legal analyst Cheryl Justis in Washington, along with special counsel Gillian Burns, associates Joshua Arnold, Aaron Buchman, Ruth Merisier, William Simpson, James Orth and Christina Martin and paralegal Cynthia Ballard in New York.
The case attracted national attention, including a feature in the Washington Post detailing the Justice Department’s rare and striking decision and quoting Cadwalader’s brief in defense of Morris & Dickson.
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