A: about 2 years.
The lawsuit was dismissed in December by U.S. District Judge Jeffrey Vincent Brown [Southern District of Texas at Galveston], who ruled that the complaints didn’t overcome the FDA’s “sovereign immunity,” a concept that protects government entities from many civil lawsuits regarding their responsibilities. The appellate panel said the FDA’s alleged overstepping of its authority opened the door for the lawsuit.
Willett was nominated to the 5th Circuit by former President Donald Trump; Clement and Elrod, by former President George W. Bush. Brown was nominated to the district court bench by Trump.
A: about 2 years.