Alliance Hippocratic Medicine v. FDA
Original Case: 2:22-cv-00223
| Fifth Circuit U.S. Court of Appeals | |
| Case #: | 0:23-usc-10362 |
| Type | united states civil / united states |
| Nature of Suit | 899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision |
| Case Filed: | Apr 10, 2023 |
| Terminated: | Aug 16, 2023 |
| Last checked: Thursday Oct 10, 2024 4:59 AM CDT |
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Leukemia and Lymphoma Society
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Patient and Provider Advocacy Organizations
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Advocates for Survivors of Intimate Partner Violence
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200 Reproductive Health, Rights, and Justice Organizations
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National Association of Nurse Practitioners in Womens Health
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American College of Nurse-Midwives
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253 Members of Congress
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GenBioPro, Incorporated
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Medical Students for Choice
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American College of Obstetricians and Gynecologists
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American Medical Association
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Society for Maternal-Fetal Medicine
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American Academy of Family Physicians
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American Academy of Nursing
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American Academy of Pediatrics
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American Gynecological and Obstetrical Society
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American Society for Reproductive Medicine
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North American Society for Pediatrics and Adolescent Gynecology
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Society for Academic Specialists in General Obstetrics and Gynecology
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Society for Adolescent Health and Medicine
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Society of Gynecologic Oncology
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Society of OB/GYN Hospitalists
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Association of American Physicians and Surgeons Educational Foundation
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Family Research Council
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Amicus Curiae
State of New York
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Amicus Curiae
Ethics and Public Policy Center
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Amicus Curiae
Local Governments
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Amicus Curiae
State of Arizona
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Amicus Curiae
240 Members of Congress
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Amicus Curiae
State of California
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Amicus Curiae
Human Coalition
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Amicus Curiae
State of Colorado
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Amicus Curiae
Doctors for America
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Amicus Curiae
State of Connecticut
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Amicus Curiae
Reproductive Health Coalition
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Amicus Curiae
State of Delaware
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Amicus Curiae
Pharmaceutical Companies, Executives, and Investors
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Amicus Curiae
State of Hawaii
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Amicus Curiae
City of New York, New York and NYC Health + Hospitals
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Amicus Curiae
State of Illinois
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Amicus Curiae
County of Santa Clara, California
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Amicus Curiae
State of Maine
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Amicus Curiae
Over 100 Reproductive Health, Rights, and Justice Organizations
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Amicus Curiae
State of Maryland
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Amicus Curiae
American Center for Law and Justice
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Amicus Curiae
State of Massachusetts
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Amicus Curiae
State of Michigan
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Amicus Curiae
State of Minnesota
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Amicus Curiae
State of Nevada
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Amicus Curiae
State of New Jersey
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State of New Mexico
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State of North Carolina
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State of Oregon
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State of Pennsylvania
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State of Rhode Island
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State of Vermont
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State of Washington
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State of Wisconsin
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District of Columbia
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Amicus Curiae
Advancing American Freedom, Incorporated
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Amicus Curiae
NAACP Legal Defense and Educational Fund, Incorporated
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Amicus Curiae
Former U.S. Department of Justice Officials
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Amicus Curiae
Charlotte Lozier Institute
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Amicus Curiae
Medical and Public Health Societies
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Amicus Curiae
Susan B. Anthony Pro-Life America
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Amicus Curiae
Catholic Health Care Leadership Alliance
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Amicus Curiae
National Catholic Bioethics Center
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Amicus Curiae
Catholic Bar Association
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Amicus Curiae
Catholic Benefits Association
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Amicus Curiae
Christ Medicus Foundation
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Amicus Curiae
Former FDA Officials
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Amicus Curiae
Physicians for Reproductive Health
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Amicus Curiae
69 Members of Congress
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Amicus Curiae
State of Missouri
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Amicus Curiae
State of Mississippi
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Amicus Curiae
State of Alabama
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Amicus Curiae
State of Arkansas
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Amicus Curiae
State of Florida
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Amicus Curiae
State of Georgia
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Amicus Curiae
State of Indiana
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State of Iowa
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State of Kansas
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State of Kentucky
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State of Louisiana
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State of Montana
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Amicus Curiae
State of Nebraska
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Amicus Curiae
State of Ohio
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Amicus Curiae
State of South Carolina
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Amicus Curiae
State of South Dakota
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Amicus Curiae
State of Tennessee
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Amicus Curiae
State of Texas
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Amicus Curiae
State of Utah
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Amicus Curiae
State of Wyoming
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Amicus Curiae
State of West Virginia
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Amicus Curiae
Women Injured By Abortion
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Amicus Curiae
Honeybee Health, Incorporated
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Amicus Curiae
Public Citizen
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Amicus Curiae
Former Commissioners of the U.S. Food and Drug Administration
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Amicus Curiae
Food and Drug Law Scholars
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Amicus Curiae
Pharmaceutical Research and Manufacturers of America
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Amicus Curiae
Advanced Medical Technology Association
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Amicus Curiae
Consumer Healthcare Products Association
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Amicus Curiae
National Association of Manufacturers
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Amicus Curiae
Leukemia and Lymphoma Society
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Represented By
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Amicus Curiae
Patient and Provider Advocacy Organizations
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Represented By
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Amicus Curiae
Advocates for Survivors of Intimate Partner Violence
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Represented By
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Amicus Curiae
200 Reproductive Health, Rights, and Justice Organizations
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Represented By
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Amicus Curiae
National Association of Nurse Practitioners in Womens Health
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Represented By
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Amicus Curiae
American College of Nurse-Midwives
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Represented By
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Amicus Curiae
253 Members of Congress
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Represented By
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Amicus Curiae
GenBioPro, Incorporated
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Represented By
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Amicus Curiae
Medical Students for Choice
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Represented By
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Amicus Curiae
American College of Obstetricians and Gynecologists
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Represented By
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Amicus Curiae
American Medical Association
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Represented By
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Amicus Curiae
Society for Maternal-Fetal Medicine
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Represented By
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Amicus Curiae
American Academy of Family Physicians
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Represented By
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Amicus Curiae
American Academy of Nursing
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Represented By
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Amicus Curiae
American Academy of Pediatrics
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Represented By
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Amicus Curiae
American Gynecological and Obstetrical Society
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Represented By
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Amicus Curiae
American Society for Reproductive Medicine
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Represented By
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Amicus Curiae
North American Society for Pediatrics and Adolescent Gynecology
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Represented By
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Amicus Curiae
Society for Academic Specialists in General Obstetrics and Gynecology
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Represented By
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Amicus Curiae
Society for Adolescent Health and Medicine
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Represented By
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Amicus Curiae
Society of Gynecologic Oncology
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Represented By
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Amicus Curiae
Society of OB/GYN Hospitalists
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Represented By
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Amicus Curiae
Association of American Physicians and Surgeons Educational Foundation
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Amicus Curiae
Coalition For Jewish Values
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Amicus Curiae
Family Research Council
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Amicus Curiae
Students for Life of America
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Amicus Curiae
State of North Dakota
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Amicus Curiae
State of Oklahoma
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Amicus Curiae
State of Alaska
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Amicus Curiae
94 Members of the United States Congress
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Amicus Curiae
United States Medical Association
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Amicus Curiae
Frederick Douglass Foundation
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Amicus Curiae
National Hispanic Christian Leadership Conference
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Amicus Curiae
Allan Sawyer
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Defendant - Appellant
Food & Drug Administration
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Defendant - Appellant
Robert M. Califf, Commissioner of Food and Drugs
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Defendant - Appellant
Janet Woodcock, M.D., in her official capacity as Principal Deputy Commissioner, U.S. Food and Drug Administration
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Defendant - Appellant
Patrizia Cavazzoni, M.D., in her official capacity as Director, Center for Drug Evaluation and Research, U.S. Food and Drug Administration
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Defendant - Appellant
United States Department of Health and Human Services
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Defendant - Appellant
Xavier Becerra, Secretary, U.S. Department of Health and Human Services
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Intervenor - Appellant
Danco Laboratories, L.L.C.
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Plaintiff - Appellee
Alliance for Hippocratic Medicine
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Plaintiff - Appellee
American Association of Pro-Life Obstetricians & Gynecologists
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Plaintiff - Appellee
American College of Pediatricians
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Plaintiff - Appellee
Christian Medical & Dental Associations
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Plaintiff - Appellee
Shaun Jester, D.O.
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Plaintiff - Appellee
Regina Frost-Clark, M.D.
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Plaintiff - Appellee
Tyler Johnson, D.O.
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Plaintiff - Appellee
George Delgado, M.D.
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GPO
Aug 16 2023
PUBLISHED OPINION FILED. [23-10362 Affirmed in Part] Judge: JWE, Judge: JCH, Judge: CTW. Mandate issue date is 10/10/2023 [23-10362] |
| Docket last updated: 10/10/2024 4:59 AM CDT |
| Monday, April 10, 2023 | ||
| ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 2:22-CV-223. Electronic ROA due on 04/25/2023. 23-10362 (LEF) | ||
| APPEARANCE FORM FILED by Attorney Jessica Lynn Ellsworth for Appellant Danco Laboratories, L.L.C. in 23-10362 23-10362 (LEF) | ||
| APPEARANCE FORM FILED by Attorney(s) Michael S. Raab for party(s) Appellant FDA Appellant Patrizia Cavazzoni Appellant HHS Appellant Robert M. Califf, Commissioner of Food and Drugs Appellant Xavier Becerra, Secretary, U.S. Department of Health and Human Services Appellant Janet Woodcock, in case 23-10362 23-10362 (LEF) | ||
| APPEARANCE FORM FILED by Attorney(s) Cynthia Barmore for party(s) Appellant FDA Appellant Patrizia Cavazzoni Appellant HHS Appellant Robert M. Califf, Commissioner of Food and Drugs Appellant Xavier Becerra, Secretary, U.S. Department of Health and Human Services Appellant Janet Woodcock, in case 23-10362 23-10362 (LEF) | ||
| APPEARANCE FORM FILED by Attorney(s) Sarah Elaine Harrington for party(s) Appellant FDA Appellant Patrizia Cavazzoni Appellant HHS Appellant Robert M. Califf, Commissioner of Food and Drugs Appellant Xavier Becerra, Secretary, U.S. Department of Health and Human Services Appellant Janet Woodcock, in case 23-10362 23-10362 (LEF) | ||
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US CIVIL CASE docketed. NOA filed by Appellants Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Mr. Robert M. Califf, Commissioner of Food and Drugs, Ms. Patrizia Cavazzoni, FDA, HHS and Ms. Janet Woodcock 23-10362 (LEF)
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CASE CAPTION updated. Additional appeal filed. [4] Parties added: Appellant Danco Laboratories, L.L.C.. NOA filed by Appellant Danco Laboratories, L.L.C.. [4], added to case. Reason: additional notice of appeal filed. 23-10362 (LEF)
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APPEARANCE FORM received from Ms. Jessica Lynn Ellsworth for Danco Laboratories, L.L.C. for the court's review. Lead Counsel? Yes. 23-10362 (Jessica Lynn Ellsworth )
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INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [9] Initial AA Check Due satisfied. 23-10362 (LEF)
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APPEARANCE FORM for the court's review. Lead Counsel? No. 23-10362 (Michael S. Raab )
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APPEARANCE FORM for the court's review. Lead Counsel? No. 23-10362 (Cynthia Barmore )
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APPEARANCE FORM for the court's review. Lead Counsel? Yes. 23-10362 (Sarah Elaine Harrington )
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OPPOSED MOTION for stay pending appeal [20], to stay order [20] Ruling is requested by: 04/13/2023 noon. Response/Opposition due on 04/20/2023. 23-10362 REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellants Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Mr. Robert M. Califf, Commissioner of Food and Drugs, Ms. Patrizia Cavazzoni, FDA, HHS and Ms. Janet Woodcock for stay pending appeal [20] Ruling is requested by: 04/13/2023. Date of service: 04/10/2023 via email - Attorney for Appellees: Baptist, Blake, Harle, Stewart; Attorney for Appellants: Barmore, Ellsworth, Harrington, Raab, Schwei 23-10362 (Cynthia Barmore ) |
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OPPOSED MOTION for stay pending appeal [22], to stay order. Ruling is requested by: 04/13/2023 noon [22]. Response/Opposition due on 04/20/2023. 23-10362 REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Danco Laboratories, L.L.C. for stay pending appeal [22] Ruling is requested by: 04/13/2023. Date of service: 04/10/2023 via email - Attorney for Appellees: Baptist, Blake, Harle, Stewart; Attorney for Appellants: Barmore, Ellsworth, Harrington, Raab, Schwei 23-10362 (Jessica Lynn Ellsworth ) |
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APPEARANCE FORM for the court's review. Lead Counsel? No. 23-10362 (Danielle Desaulniers Stempel )
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APPEARANCE FORM for the court's review. Lead Counsel? No. 23-10362 (Catherine Emily Stetson )
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| DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the exhibits to the motion received from Appellants Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Mr. Robert M. Califf, Commissioner of Food and Drugs, Ms. Patrizia Cavazzoni, FDA, HHS and Ms. Janet Woodcock because they were incorrectly filed as an addendum to a brief. They will be filed by the clerk's office as exhibits to the motion. 23-10362 (LEF) | ||
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Att: 1
896 pgs
Unfiled Exhibits to Motion
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Att: 2
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BR-9 Letter
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APPEARANCE FORM for the court's review. Lead Counsel? No. 23-10362 (Marlan Golden )
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EXHIBITS IN SUPPORT of Motion for stay pending appeal [20], Motion to stay order [20] filed by Appellants Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Mr. Robert M. Califf, Commissioner of Food and Drugs, Ms. Patrizia Cavazzoni, FDA, HHS and Ms. Janet Woodcock Date of Service: 04/10/2023 23-10362 (LEF)
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APPEARANCE FORM for the court's review. Lead Counsel? No. 23-10362 (Delia Scoville )
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EXHIBITS IN SUPPORT of Motion for stay pending appeal [22], Motion to stay order [22] filed by Appellant Danco Laboratories, L.L.C. Date of Service: 04/10/2023 23-10362 (LEF)
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APPEARANCE FORM for the court's review. Lead Counsel? Yes. 23-10362 (Grace Zhou )
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APPEARANCE FORM for the court's review. Lead Counsel? No. 23-10362 (Erin Morrow Hawley )
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APPEARANCE FORM for the court's review. Lead Counsel? No. 23-10362 (Matthew Scott Bowman )
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APPEARANCE FORM received from Ms. Julie Marie Blake for Alliance for Hippocratic Medicine, American Association of Pro-Life Obstetricians & Gynecologists, American College of Pediatricians, Christian Medical & Dental Associations, Mr. George Delgado, Ms. Regina Frost-Clark, Mr. Shaun Jester and Mr. Tyler Johnson for the court's review. Lead Counsel? No. 23-10362 (Julie Marie Blake )
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MOTION by Not Parties State of New York, State of Arizona, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Massachusetts, State of Michigan, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, State of Pennsylvania, State of Rhode Island, State of Vermont, State of Washington, State of Wisconsin and District of Columbia to file amicus brief [35] 23-10362 REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: MOTION by Proposed Amici States NY, AZ, CA, CO, CT, DE, HI, IL, ME, MD, MA, MI, MN, NV, NJ, NM, NC, OR, PA, RI, VT, WA, WI, and the District of Columbia to file amicus brief [35] Date of service: 04/10/2023 via email - Attorney for Appellees: Baptist, Blake, Harle, Stewart; Attorney for Appellants: Barmore, Ellsworth, Harrington, Raab, Schwei 23-10362 (Grace Zhou ) |
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Att: 1
8 pgs
Motion to File a Brief as Amicus
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Att: 2
25 pgs
States' Amicus Brief
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COURT DIRECTIVE ISSUED requesting a response to the Motion for stay pending appeal filed by Appellants FDA, HHS, Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Mr. Robert M. Califf, Commissioner of Food and Drugs, Ms. Janet Woodcock and Ms. Patrizia Cavazzoni in 23-10362 [20], Motion to stay order filed by Appellants FDA, HHS, Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Mr. Robert M. Califf, Commissioner of Food and Drugs, Ms. Janet Woodcock and Ms. Patrizia Cavazzoni in 23-10362 [20], Motion for stay pending appeal filed by Appellant Danco Laboratories, L.L.C. in 23-10362 [22], Motion to stay order filed by Appellant Danco Laboratories, L.L.C. in 23-10362 [22] Response/Opposition due on 04/11/2023 by midnight. 23-10362 (LEF)
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APPEARANCE FORM received from Mr. Erik Baptist for Alliance for Hippocratic Medicine, American Association of Pro-Life Obstetricians & Gynecologists, American College of Pediatricians, Christian Medical & Dental Associations, Mr. George Delgado, Ms. Regina Frost-Clark, Mr. Shaun Jester and Mr. Tyler Johnson for the court's review. Lead Counsel? Yes. 23-10362 (Erik Baptist )
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