Mandamus and Apa Delay Cases: Avoiding Dismissal and Proving the Case
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Petition for a Writ of Certiorari to the United States Court of Appeals for the Federal Circuit
No. 15-___ IN THE SEQUENOM, INC., Petitioner, v. ARIOSA DIAGNOSTICS, INC., NATERA, INC., AND DNA DIAGNOSTICS CENTER, INC. Respondents. On Petition for a Writ of Certiorari to the United States Court of Appeals for the Federal Circuit PETITION FOR A WRIT OF CERTIORARI Michael J. Malecek Thomas C. Goldstein Robert Barnes Counsel of Record KAYE SCHOLER LLP Eric F. Citron Two Palo Alto Square G OLDSTEIN & RUSSELL, P.C. Suite 400 7475 Wisconsin Ave. 3000 El Camino Real Suite 850 Palo Alto, CA 94306 Bethesda, MD 20814 (650) 319-4500 (202) 362-0636 [email protected] QUESTION PRESENTED In 1996, two doctors discovered cell-free fetal DNA (cffDNA) circulating in maternal plasma. They used that discovery to invent a test for detecting fetal genetic conditions in early pregnancy that avoided dangerous, invasive techniques. Their patent teaches technicians to take a maternal blood sample, keep the non-cellular portion (which was “previously discarded as medical waste”), amplify the genetic material with- in (which they alone knew about), and identify pater- nally inherited sequences as a means of distinguish- ing fetal and maternal DNA. Notably, this method does not preempt other demonstrated uses of cffDNA. The Federal Circuit “agree[d]” that this invention “combined and utilized man-made tools of biotechnol- ogy in a new way that revolutionized prenatal care.” Pet.App. 18a. But it still held that Mayo Collabora- tive Servs. v. Prometheus Labs., 132 S. Ct. 1289 (2012), makes all such inventions patent-ineligible as a matter of law if their new combination involves only a “natural phenomenon” and techniques that were “routine” or “conventional” on their own. -
Access to Remedy Practical Guidance for Companies
ACCESS TO REMEDY: PRACTICAL GUIDANCE FOR COMPANIES 1 Access to remedy Practical guidance for companies A guide for companies to establish and participate in effective UNGP-informed remedy mechanisms for workers who may be adversely impacted by business operations, products, services or relationships in the entirety of their supply chains Supported by Lead authors: Cindy Berman, Ben Rutledge (ETI), and Samir Goswani. Editing: Katharine Earley Research contributors: Michele Law (Cerno Solutions Ltd), Laura Curtze and Steve Gibbons (Ergon), Dr Aidan McQuade, Jesse Hudson, Mark Winters Photos: ILO, World Bank, Claudia Janke ACCESS TO REMEDY: PRACTICAL GUIDANCE FOR COMPANIES 1 1. Executive Summary 2 2. Overall Guidance 5 3. Ensuring access to remedy in supply chains 6 STEP 1: Take responsibility 6 STEP 2: Provide remedy 9 STEP 3: Assess state-based and other remedy options 14 STEP 4: Develop a corporate remedy strategy 17 4. Developing Operational Grievance Mechanisms (OGMs) 22 A. Considering gender equality in designing OGMs 22 B. Guidance from the UN Guiding Principles on Business and Human Rights 22 C. Key factors for consideration 31 5. Country Factors 36 A. Roles and responsibilities of states and companies 36 B. Understanding the local context 36 C. Supporting state justice systems 36 D. Committing to sourcing countries 37 6. ANNEX: Additional Resources 40 ACCESS TO REMEDY: PRACTICAL GUIDANCE FOR COMPANIES 2 1. Executive summary Modern supply chains are complex, multi-tiered and span the globe. Production typically occurs in developing countries, where labour rights policy may not be sufficiently evolved or enforced, and workers may not be able to freely negotiate improved working conditions with their employers. -
Writ of Possession
FORM 11 WRIT OF POSSESSION This document should be delivered to the Clerk of the Court after the Court enters the final judgment evicting the Tenant. The Clerk will sign this Writ. After the Clerk signs this Writ, it must be delivered to the Sheriff to be served upon the Tenant and who, if necessary, will forcibly evict the Tenant after 24 hours from the time of service. If requested by the Landlord to do so, the Sheriff shall stand by to keep the peace while the Landlord changes the locks and removes personal property from the premises. When such a request is made; the Sheriff may charge a reasonable hourly rate, and the person requesting the Sheriff to stand by to keep the peace shall be responsible for paying the reasonable hourly rate set by the Sheriff. SOURCE: Section 83.62, Florida Statutes (2007) FORM NOTES ARE FOR INFORMATIONAL PURPOSES ONLY AND MAY NOT COMPLETELY DESCRIBE REQUIREMENTS OF FLORIDA LAW. YOU SHOULD CONSULT AN ATTORNEY AS NEEDED. IN THE COUNTY COURT, IN AND FOR __________________ COUNTY, FLORIDA [insert county in which rental property is located] _______________________________________ [insert name of Landlord] CASE NO. _________________________ [insert case number assigned Plaintiff, by Clerk of the Court] vs. ________________________________________ WRIT OF POSSESSION [insert name of Tenant] Defendant. / STATE OF FLORIDA TO THE SHERIFF OF ______________________ [insert county in which rental property is located] COUNTY, FLORIDA: YOU ARE COMMANDED to remove all persons from the following described property in __________________ [insert county in which rental property is located] County, Florida: _________________________________________________________________________________ [insert legal or street description of rental premises including, if applicable, unit number] and to put _______________________________________________ [insert Landlord's name] in possession of it. -
Concurring in the Dismissal of the Petition
IN THE SUPREME COURT OF TEXAS NO. 20-0430 IN RE STEVEN HOTZE, MD, HON. WILLIAM ZEDLER, HON. KYLE BIEDERMANN, EDD HENDEE, AL HARTMAN, NORMAN ADAMS, GABRIELLE ELLISON, TONIA ALLEN, PASTOR JOHN GREINER, AND PASTOR MATT WOODFILL, RELATORS, ON EMERGENCY PETITION FOR WRIT OF MANDAMUS JUSTICE DEVINE, concurring in the petition’s dismissal for want of jurisdiction. The Texas Constitution is not a document of convenient consultation. It is a steadfast, uninterrupted charter of governmental structure. Once this structure erodes, so does the promise of liberty. In these most atypical times, Texans’ constitutional rights have taken a back seat to a series of executive orders attempting to unilaterally quell the spread of the novel coronavirus. But at what cost? Many businesses have felt the impoverishing effects of being deemed, by executive fiat, “nonessential.” And many others—unemployed—found out quickly that economic liberty is indeed “a mere luxury to be enjoyed at the sufferance of governmental grace.”1 That can’t be right. While we entrust our health and safety to politically accountable officials,2 we must not do so at the expense of basic constitutional architecture. We should not, as we’ve recently said, 1 Patel v. Tex. Dep’t of Licensing & Regulation, 469 S.W.3d 69, 92 (Tex. 2014) (Willett, J., concurring). 2 See S. Bay United Pentecostal Church v. Newsom, No. 19A1044, 2020 U.S. LEXIS 3041, at *3 (U.S. May 29, 2020) (mem.) (Roberts, C.J., concurring in the denial of injunctive relief) (citing Jacobson v. Massachusetts, 197 U.S. 11, 38 (1905)). “abandon the Constitution at the moment we need it most.”3 I concur in the dismissal of this mandamus petition for want of jurisdiction, but I write separately to express concern over some of the issues it raises. -
15. Judicial Review
15. Judicial Review Contents Summary 413 A common law principle 414 Judicial review in Australia 416 Protections from statutory encroachment 417 Australian Constitution 417 Principle of legality 420 International law 422 Bills of rights 422 Justifications for limits on judicial review 422 Laws that restrict access to the courts 423 Migration Act 1958 (Cth) 423 General corporate regulation 426 Taxation 427 Other issues 427 Conclusion 428 Summary 15.1 Access to the courts to challenge administrative action is an important common law right. Judicial review of administrative action is about setting the boundaries of government power.1 It is about ensuring government officials obey the law and act within their prescribed powers.2 15.2 This chapter discusses access to the courts to challenge administrative action or decision making.3 It is about judicial review, rather than merits review by administrators or tribunals. It does not focus on judicial review of primary legislation 1 ‘The position and constitution of the judicature could not be considered accidental to the institution of federalism: for upon the judicature rested the ultimate responsibility for the maintenance and enforcement of the boundaries within which government power might be exercised and upon that the whole system was constructed’: R v Kirby; Ex parte Boilermakers’ Society of Australia (1956) 94 CLR 254, 276 (Dixon CJ, McTiernan, Fullagar and Kitto JJ). 2 ‘The reservation to this Court by the Constitution of the jurisdiction in all matters in which the named constitutional writs or an injunction are sought against an officer of the Commonwealth is a means of assuring to all people affected that officers of the Commonwealth obey the law and neither exceed nor neglect any jurisdiction which the law confers on them’: Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476, [104] (Gaudron, McHugh, Gummow, Kirby and Hayne JJ). -
Roe V. Leis, Not Reported in F.Supp.2D (2001)
Roe v. Leis, Not Reported in F.Supp.2d (2001) 2001 WL 1842459 4. If the Medical Director, in consultation with the Only the Westlaw citation is currently available. Area Medical Director, judges that an abortion is United States District Court, S.D. Ohio, Western therapeutically indicated, the medical care will be Division. arranged following the procedure established at the institution providing specialty care. Jane ROE, et al. Plaintiffs v. Joint Ex. 2. Defendants and their medical contractors Simon L. LEIS, Jr., et al. Defendants have interpreted “therapeutically indicated” to permit abortions only to save the life of the mother. The No. C–1–00–651. | Jan. 10, 2001. Defendants do not provide abortion services within any of their detention facilities. In July 2000, while an inmate at 1617 Reading Road, Opinion Plaintiff Jane Roe advised Defendants that she was pregnant. They promptly transported her to University Hospital, where an ultrasound confirmed her pregnancy. ORDER GRANTING PLAINTIFFS’ MOTION FOR She then requested access to abortion services, which A PERMANENT INJUNCTION Defendants denied. In an August 7, 2000 letter to Ms. Roe’s attorney, Sheriff Leis explained this denial by stating that “the Hamilton County Sheriff’s Office does DLOTT, J. not transport inmates for elective procedures without a court order. Upon receipt of a court order, the Hamilton *1 This matter comes before the Court on Plaintiffs’ County Sheriff’s [sic ] will transport inmate [Jane Roe] to Motion for a Preliminary Injunction. By agreement of the her chosen health care provider.” Joint Ex. 1. Having parties, the Court will treat this Motion as one for a exhausted her administrative remedies, Ms. -
The Scope of the All Writs Power
Florida State University Law Review Volume 10 Issue 2 Article 1 Spring 1982 The Scope of the All Writs Power Robert T. Mann University of Florida College of Law Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Constitutional Law Commons, Courts Commons, and the Jurisdiction Commons Recommended Citation Robert T. Mann, The Scope of the All Writs Power, 10 Fla. St. U. L. Rev. 197 (1982) . https://ir.law.fsu.edu/lr/vol10/iss2/1 This Article is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact [email protected]. FLORIDA STATE UNIVERSITY LAW REVIEW VOLUME 10 SPRING 1982 NUMBER 2 THE SCOPE OF THE ALL WRITS POWER ROBERT T. MANN* I. INTRODUCTION Four decades of dicta narrowing the power of a Florida court to issue all "writs necessary to the complete exercise of its jurisdic- tion"1 came to an end-or so we may hope-in 1982 with The FloridaSenate v. Graham.2 This article addresses the concern that practitioners will continue to misconceive the nature of this ex- traordinary but useful judicial tool. Indeed, although once put to rest by the supreme court in 1968, the court itself, eight years later, renewed mistaken notions about limitations on the all writs power through the unfortunate citation to an overruled case in Shevin ex rel. State v. Public Service Commission.s The court now has come full circle and sought to correct the damage done since 1976 by Shevin. -
Case 1:17-Cv-02542-KPF Document 61 Filed 07/26/18 Page 1 of 70
Case 1:17-cv-02542-KPF Document 61 Filed 07/26/18 Page 1 of 70 USDC SDNY DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC #: _________________ SOUTHERN DISTRICT OF NEW YORK DATE FILED: July______________ 26, 2018 ------------------------------------------------------X : KATE DOYLE, NATIONAL SECURITY : ARCHIVE, CITIZENS FOR : RESPONSIBILITY AND ETHICS IN : WASHINGTON, and KNIGHT FIRST : AMENDMENT INSTITUTE AT COLUMBIA : UNIVERSITY, : : Plaintiffs, : 17 Civ. 2542 (KPF) : v. : OPINION AND ORDER : U.S. DEPARTMENT OF HOMELAND : SECURITY and EXECUTIVE OFFICE OF : THE PRESIDENT, ; : Defendants. : : ----------------------------------------------------- X KATHERINE POLK FAILLA, District Judge: Plaintiffs Kate Doyle, National Security Archive (“NSA”), Citizens for Responsibility and Ethics in Washington (“CREW”), and Knight First Amendment Institute (collectively, “Plaintiffs”) initiated this action against the United States Department of Homeland Security (“DHS”) and the Executive Office of the President (“EOP,” and with DHS, “Defendants”), after Doyle unsuccessfully attempted to obtain, under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, records related to visitors of President Trump at the White House Complex, as well as at his properties at Trump Tower, in New York, and Mar-a-Lago, in Florida. The operative complaint brings claims under FOIA, the Administrative Procedure Act (“APA”), 5 U.S.C. ch. 5, the Federal Record Act (“FRA”), 44 U.S.C. §§ 2102-2118, 2901-2910, 3101-3107, Case 1:17-cv-02542-KPF Document 61 Filed 07/26/18 Page 2 of 70 3301-3324, and the Presidential Records Act (“PRA”), 44 U.S.C. §§ 2201-2209; it seeks injunctive relief and, under the Declaratory Judgment Act, 28 U.S.C. §§ 2201-2202, declaratory relief. -
Privacy Remedies
Indiana Law Journal Volume 94 Issue 2 Article 7 Spring 2019 Privacy Remedies Lauren H. Scholz Florida State University, [email protected] Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the Privacy Law Commons, Property Law and Real Estate Commons, and the Torts Commons Recommended Citation Scholz, Lauren H. (2019) "Privacy Remedies," Indiana Law Journal: Vol. 94 : Iss. 2 , Article 7. Available at: https://www.repository.law.indiana.edu/ilj/vol94/iss2/7 This Article is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. PRIVACY REMEDIES LAUREN HENRY SCHOLZ* When consumers sue companies for privacy-intrusive practices, they are often unsuccessful. Many cases fail in federal court at the motion to dismiss phase because the plaintiff has not shown the privacy infringement has caused her concrete harm. This is a symptom of a broader issue: the failure of courts and commentators to describe the relationship between privacy rights and privacy remedies. This Article contends that restitution is the normal measure of privacy remedies. Restitution measures relief by economic gain to the defendant. If a plaintiff can show the likely ability to recover in restitution, that should be sufficient to pass muster at the motion to dismiss phase even if the court is unconvinced that the plaintiff could show a case for compensatory damages flowing from harm. -
Supreme Court of the United States
NO. 20-______ IN THE Supreme Court of the United States DONALD J. TRUMP, ET AL., Petitioners, v. JOSEPH R. BIDEN, ET AL., Respondents. ON PETITION FOR A WRIT OF CERTIORARI TO THE SUPREME COURT OF WISCONSIN PETITION FOR A WRIT OF CERTIORARI R. GEORGE BURNETT JAMES R. TROUPIS CONWAY, OLEJNICZAK & JERRY Counsel of Record 231 S. Adams Street TROUPIS LAW OFFICE Green Bay, WI 54305 4126 Timber Lane [email protected] Cross Plains, WI 53528 (608) 305-4889 KENNETH CHESEBRO [email protected] 25 Northern Avenue Boston, MA 02210 [email protected] Counsel for Petitioners December 29, 2020 QUESTIONS PRESENTED Article II of the Constitution provides that “[e]ach State shall appoint” electors for President and Vice President “in such Manner as the Legislature thereof may direct.” U.S. Const. art. II, § 1, cl. 2 (emphasis added). That power is “plenary,” and the statutory provisions enacted by the Legislature of a State, in the furtherance of that constitutionally delegated duty, may not be ignored by state election officials or changed by state courts. Bush v. Gore, 531 U.S. 98, 104-05 (2000). Yet during the 2020 presidential election, officials in Wisconsin, wrongly backed by four of the seven Justices of the Wisconsin Supreme Court, ignored statutory provisions which tightly regulate absentee balloting — identified by the Legislature as “mandatory,” such that ballots in violation of them “may not be counted.” They require that absentee ballots be delivered only by mail or by hand delivery to the clerk, photo i.d. must be supplied to obtain ballots (with limited, inapplicable exceptions), and absentee ballots missing the required witness address may be “cured” only by the voter, and not by the clerk. -
The Political Question Doctrine: Justiciability and the Separation of Powers
The Political Question Doctrine: Justiciability and the Separation of Powers Jared P. Cole Legislative Attorney December 23, 2014 Congressional Research Service 7-5700 www.crs.gov R43834 The Political Question Doctrine: Justiciability and the Separation of Powers Summary Article III of the Constitution restricts the jurisdiction of federal courts to deciding actual “Cases” and “Controversies.” The Supreme Court has articulated several “justiciability” doctrines emanating from Article III that restrict when federal courts will adjudicate disputes. One justiciability concept is the political question doctrine, according to which federal courts will not adjudicate certain controversies because their resolution is more proper within the political branches. Because of the potential implications for the separation of powers when courts decline to adjudicate certain issues, application of the political question doctrine has sparked controversy. Because there is no precise test for when a court should find a political question, however, understanding exactly when the doctrine applies can be difficult. The doctrine’s origins can be traced to Chief Justice Marshall’s opinion in Marbury v. Madison; but its modern application stems from Baker v. Carr, which provides six independent factors that can present political questions. These factors encompass both constitutional and prudential considerations, but the Court has not clearly explained how they are to be applied. Further, commentators have disagreed about the doctrine’s foundation: some see political questions as limited to constitutional grants of authority to a coordinate branch of government, while others see the doctrine as a tool for courts to avoid adjudicating an issue best resolved outside of the judicial branch. Supreme Court case law after Baker fails to resolve the matter. -
Introduction to the History of Common Law
Rechtswissenschaftliche Fakultät Introduction to the History of Common Law Elisabetta Fiocchi Malaspina Rechtswissenschaftliche Fakultät 29.09.2020 Seite 2 Rechtswissenschaftliche Fakultät Dillon, Laws and Jurisprudence of England and America, Boston 1894, p. 155 The expression, "the common law," is used in various senses: (a) sometimes in distinction from statute law; (b) sometimes in distinction from equity law c) sometimes in distinction from the Roman or civil law […] . I deal with the fact as it exists, which is that the common law is the basis of the laws of every state and territory of the union, with comparatively unimportant and gradually waning exceptions. And a most fortunate circumstance it is, that, divided as our territory is into so many states, each supreme within the limits of its power, a common and uniform general system of jurisprudence underlies and pervades them all; and this quite aside from the excellences of that system, concerning which I shall presently speak. My present point is this: That the mere fact that one and the same system of jurisprudence exists in all of the states, is of itself of vast importance, since it is a most powerful agency in promoting commercial, social, and intellectual intercourse, and in cementing the national unity”. 29.09.2020 Seite 3 Rechtswissenschaftliche Fakultät Common Law Civil law Not codified Law (exceptions: statutes) Codified law role of judges: higher judicial role of judges: lower judicial discretion discretion, set precedents No clear separation between public Separation