Block on Trump's Asylum Ban Upheld by Supreme Court
District court grant of summary judgment upholding the FDA's Final Rule banning all supplements containing ephedrine alkaloids is affirmed where res judicata bars third party plaintiff Hi-Tech's arguments on appeal as Hi-Tech had two full opportunities to litigate its challenge to the Final Rule banning EDS in district court, and the Eleventh Circuit evaluated Hi-Tech's claims and determined them to be without merit.
Appeal from the United States District Court for the Western District of Pennsylvania.
Filed: July 14, 2009
Before: RENDELL, SMITH, Circuit Judges, and POLLAK, District Judge
Opinion by CUDAHY, Circuit Judge.
For Appellant: Kathryn L. Clark, Eckert, Seamans, Cherin & Mellott; Joseph P. Schilleci, Jr., Timothy M. Fulmer, Natter & Fulmer, P.C.; Edmund J. Novotny, Baker, Donelson, Bearman, Caldwell, & Berkowitz, P.C.