Cases

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports. STATE OF MICHIGAN COURT OF APPEALS DAVID KRIEGER, ANDREW KRIEGER, JAMES FOR PUBLICATION SPERLING, and MARGARET SPERLING, on September 7, 2023 Behalf of Themselves and All Others Similarly 9:05 a.m. Si

ACCEPTED 15-25-00012-cv FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 8/8/2025 3:13 PM No. 15-25-00012-CV

ACCEPTED 15-25-00013-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 8/8/2025 12:26 PM No. 15-25-00013-CV

APPOINTMENT OF PRETRIAL JUDGE IN THE FOLLOWING MULTIDISTRICT LITIGATION CASE: Pursuant to Administrative Rule 13, the cases listed on Appendix A, attached hereto and incorporated herein for all purposes, and tag-along cases if any, are transferred to Judge Tracy Christopher of the 295th District Court of Harris County. Justice CASTILLO not sitting. APPENDIX A Amended Appendix A, Part I and

DYK, Circuit Judge, dissenting. In endorsing a facial challenge to a memorandum, and in holding that the memorandum must be assumed to dictate racial and gender discrimination without a factual hearing, the majority acts contrary to Supreme Court precedent and our own decision in Baker v. United States, 127 F.3d 1081 (Fed.Cir.1997). The majority’s approach is unsupported by any decision of the Supreme

OPINION OF THE COURT REAVLEY, Circuit Judge. This Federal Torts Claims Act (FTCA) claim against the Food and Drug Administration (FDA) for granting clearance to market certain types of pedicle screw fixation devices (referred to generally as bone screws) was dismissed by the District Court pursuant to the discretionary function exception to the FTCA.1 Appellants contend here that