Legal Opinion

Nigen Biotech, L.L.C. v. Ken Paxton

Court of Appeals for the Fifth Circuit

Decided September 30, 2015No. 14-10923PublishedCited by 138 opinions

1Opinion of the Court

EDITH H. JONES, Circuit Judge:

A manufacturer and distributor of over-the-counter dietary supplements, Isodrene and The HCG Solution, appeals the district court’s order dismissing its constitutional and state law claims against the Attorney General of the State of Texas on the sole basis of state sovereign immunity. We conclude that it is at least partially correct that NiGen’s claims are not barred from federal jurisdiction on the basis of Ex parte Young-, federal jurisdiction plainly exists over most of the constitutional claims pled; and NiGen has standing to sue. Accordingly, we affirm in…

2Cases cited36 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  3. Warth v. SeldinSupreme Court of the United States · 1975
  4. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  5. Papasan v. AllainSupreme Court of the United States · 1986

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3Cited by138 opinions

  1. City of Austin v. Ken PaxtonCourt of Appeals for the Fifth Circuit · 2019
  2. Green Valley Special Util Dist v. Donna Nelson, etCourt of Appeals for the Fifth Circuit · 2020
  3. Air Evac EMS, Inc. v. Texas, Department of Insurance, Division of Workers' CompensationCourt of Appeals for the Fifth Circuit · 2017
  4. Texas Democratic Party v. Greg Abbott, GoveCourt of Appeals for the Fifth Circuit · 2020
  5. Google, Incorporated v. James Hood, IIICourt of Appeals for the Fifth Circuit · 2016

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