Nigen Biotech, L.L.C. v. Ken Paxton
Court of Appeals for the Fifth Circuit
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…
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