Court filing
Fifth Circuit judgment and mandate — Apter v. HHS (S.D. Tex.)
Summary
The judgment of the U.S. Court of Appeals for the Fifth Circuit in No. 22-40802, the appeal of Robert L. Apter, Mary Talley Bowden and Paul E. Marik against the Department of Health & Human Services, Xavier Becerra, the Food & Drug Administration and Robert M. Califf, from USDC No. 3:22-CV-184 in the Southern District of Texas. Entered September 1, 2023 before Circuit Judges Clement, Elrod and Willett, it orders that the judgment of the District Court is reversed and the cause remanded for further proceedings in accordance with the court's opinion. Each party bears its own costs on appeal. The judgment was certified and issued as the mandate on October 24, 2023, with a cover letter from Clerk Lyle W. Cayce to Nathan Ochsner enclosing the judgment and the court's opinion.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Filed October 24, 2023 in Apter v. Department of Health and Human Services; one of 69 filings from this case.
Record facts
| Court | U.S. Court of Appeals for the Fifth Circuit |
|---|---|
| Filed | 2023-10-24 |
Cite this document
“Fifth Circuit judgment and mandate — Apter v. HHS (S.D. Tex.).”
U.S. Court of Appeals for the Fifth Circuit, filed 2023-10-24. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/apter-v-hhs/2023-10-24-fifth-circuit-judgment/
, SHA-256 f6045d00edfa8acc6d5e037b8b2dfd258cf6fb33b1bee7f8ca543f331b3d755b.Full text
Gnited States Court of Appeals for the Fifth Cireuit “emer United States Courts Southern District of Texas FILED FILED September 1, 2023 October 24, 2023 No. 22-40802 Lyle W. Cayce Nathan Ochsner, Clerk of Court Clerk ROBERT L. APTER, MARY TALLEY BOWDEN, and’ PAUL E. MARIK, Plaintiffs— Appellants, versus DEPARTMENT OF HEALTH & HUMAN SERVICES; XAVIER BECERRA, in his official capacity as Secretary of Health and Human Services; Foop & DRUG ADMINISTRATION; ROBERT M. CALIFF, in his official capacity as Commissioner of Food and Drugs, Defendants—Appellees. Appeal from the United States District Court for the Southern District of Texas USDC No. 3:22-CV-184 Before CLEMENT, ELROD, and WILLETT, Circuit Judges. JUDGMENT This cause was considered on the record on appeal and was argued by counsel. IT IS ORDERED and ADJUDGED that the judgment of the District Court is REVERSED, and the cause is REMANDED to the No. 22-40802 District Court for further proceedings in accordance with the opinion of this Court. IT IS FURTHER ORDERED that each party bear its own costs on appeal. 4 Certified as a true copy and issued as the mandate on Oct 24, 2023 Attest: J Clerk, U.S. uf W rt of fe Oitth Circuit United States Court of Appeals FIFTH CIRCUIT OFFICE OF THE CLERK LYLE W. CAYCE TEL, 504-310-7700 CLERK 600 S. MAESTRI PLACE, Suite 115 NEW ORLEANS, LA 70130 October 24, 2023 Mr. Nathan Ochsner Southern District of Texas, Galveston United States District Court 601 Rosenberg Street Room 411 Galveston, TX 77550-0000 No. 22-40802 Apter v. Dept of Health & Human Sve USDC No. 3:22-CV-184 Dear Mr. Ochsner, Enclosed is a copy of the judgment issued as the mandate and a copy of the court’s opinion. Sincerely, LYLE W. CAYCE, Clerk thes & | By Nancy F. Dolly, Deputy Clerk 504-310-7683 cc: Mr. David Anthony Dalia Mr. Alan Dumoff Mrs. Ashley Cheung Honold Mr. Jared Kelson Mr. R. Trent McCotter Mr. Oliver McDonald Mr. Andrew Layton Schlafly Mr. Daniel Bentele Hahs Tenny
File and source
- File
- gov.uscourts.txsd.1875135.50.0.pdf
- Size
- 43,656 bytes
- SHA-256
- f6045d00edfa8acc6d5e037b8b2dfd258cf6fb33b1bee7f8ca543f331b3d755b
- Original
- archive.org