United States Sixth Circuit

In an action against the Food and Drug Administration (FDA), filed by an association of cancer patients, patient families, doctors, investors and advocates focuses on helping men suffering from late stage prostate cancer, demanding immediate production of responsive documents related to communication sent between its medical experts regarding an immunotherapy treatment for late stage prostate cancer, district court's grant of FDA's motion for summary judgment is affirmed as, plaintiff has not identified any material question of fact as to the adequacy of the FDA's search and the district court did not abuse its discretion by denying plaintiff leave to conduct discovery.

Appellate Information

• Argued 12/08/2010
• Decided 01/06/2011
• Published 01/06/2011

Judges

• MARTIN

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Kerry M. Donahue, John J. Stark