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Posts Tagged ‘Writ of Certiorari’
LATEST POSTS
- 03/18/2010 - CTL Sends FDA’s Sharfstein Letter Requesting Promised but Undelivered Expedited Review
- 03/03/2010 - Dendreon’s Provenge - 40% Increased Survival - “New Treatment Paradigm” for Cancer!
- 02/27/2010 - Is the FDA Protecting or Hurting Us?
- 02/25/2010 - CTL Files a Reply in The United States Court of Appeals
- 02/24/2010 - Ohio House of Rep Tiberi makes Congressional Inquiry into Provenge’s FDA History
- 02/19/2010 - CTL Attorney Kerry Donahue Gets Pro Bono Award For Provenge Cancer Treatment Advocacy
- 02/02/2010 - NCI Denies CareToLive Freedom of Information Act Appeal
- 01/11/2010 - CBER Responds To Letter From CareToLive
- 01/08/2010 - Now Public - CBER Gone Fishing While Men Gone Wishing
- 01/02/2010 - CareToLive Attorney Kerry Donahue’s Op-Ed Published on Now Public — Men Don’t Have the Luxury of Waiting
MOST POPULAR
- Sleepless in Asentar
- Michael Milken and the Prostate Cancer Foundation's Foul Balls
- The FDA is uncaring, the world won’t change their thought process and meanwhile Congress remains asleep at the wheel, when it comes to Provenge for the terminally ill.
- Supplemental Memorandum Plaintiff CareToLive
- Corruption at Its Finest
- 3 "Leaked" Letters & So Much More
- CareToLive Writes to Interim FDA Commissioner Dr. Frank Torti
- Get On The Bus Gus!
- FDA Creates Human Ticking Time Bombs
- Madoff Whistleblower Harry Markopolos Tells Congress FDA Is Captured!
WHATS GOING ON
This Is An Emergency!
We rallied outside the FDA building in Rockville, Maryland on September 18th. Now there are buses riding around Rockville and Washington, D.C., further protesting the shenanigans that took place inside the FDA building, as well as outside.
The FDA has gotten caught up with Wall Street. While it is supposed to be busy with evaluating food and drugs, its employees just can't keep their eyes off the money. So that is how decisions are being made these days.
This Is An Emergency!
We rallied outside the FDA building in Rockville, Maryland on September 18th. Now there are buses riding around Rockville and Washington, D.C., further protesting the shenanigans that took place inside the FDA building, as well as outside.
The FDA has gotten caught up with Wall Street. While it is supposed to be busy with evaluating food and drugs, its employees just can't keep their eyes off the money. So that is how decisions are being made these days.
WE'LL BE BACK
These people traveled from all across the country to protest outside the FDA Building in Rockville, Maryland. The FDA has stopped a safe and effective treatment from getting to men who need it now. The treatment is called Provenge and it treats men who have late stage prostate cancer.
The FDA appointed a panel of experts to help it decide on the safety and efficacy of Provenge. That panel voted 17-0 that Provenge was safe. And it voted 13-4 that Provenge showed substantial evidence it worked. And yet the FDA delayed it. Now it could be a year, a year and a half or it could be three years. It could be forever.
These people will keeping coming back to Rockville and they hope others will join them until the courts, the FDA, Congress or somebody does something about this travesty.
These people traveled from all across the country to protest outside the FDA Building in Rockville, Maryland. The FDA has stopped a safe and effective treatment from getting to men who need it now. The treatment is called Provenge and it treats men who have late stage prostate cancer.
The FDA appointed a panel of experts to help it decide on the safety and efficacy of Provenge. That panel voted 17-0 that Provenge was safe. And it voted 13-4 that Provenge showed substantial evidence it worked. And yet the FDA delayed it. Now it could be a year, a year and a half or it could be three years. It could be forever.
These people will keeping coming back to Rockville and they hope others will join them until the courts, the FDA, Congress or somebody does something about this travesty.
CareToLive vs. FDA Update
December 16th, 2008 | Posted by Kerry DonahueCareToLive vs. FDA update
No. 08-584
Title: CareToLive, Petitioner
v.
Andrew von Eschenbach, Commissioner, Food and Drug Administration
Docketed: November 3, 2008
Lower Ct: United States Court of Appeals for the Sixth Circuit
Case Nos.: (07-4465)
Decision Date: August 28, 2008
~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Oct 30 2008 Petition for a writ of certiorari filed. (Response due December 3, 2008)
Dec 3 2008 Waiver of right of respondent Andrew von Eschenbach, FDA Commissioner, to respond filed.
Dec 10 2008 DISTRIBUTED for Conference of January 9, 2009.
Certiorari is granted at the court’s discretion, with most applications refused. It may be used to review the constitutional decisions of state courts of last resort and federal decisions on any important matter, especially when the inferior courts are in disagreement.
In this case the inferior courts are not in agreement on whether the finality requirement of the Administrative Procedures Act (APA) is a jurisdictional requirement. The D.C Court says “no”, the Sixth Circuit Court of Appeals says “yes”.
The Supreme Court SHOULD decide who is right, the D.C Circuit or the Sixth Circuit on the question as to whether it’s a jurisdictional issue. Since the two courts are currently in conflict it makes Federal law unclear, something the Supreme Court can remedy by reviewing the case and deciding which Court is correct.
We believe the Sixth Circuits Court of Appeals decision affirming the Southern District of Ohio decision was legally incorrect. That is the heart of the matter.
As to timing of an answer whether they will grant cert this is the Supreme Courts site statement:
“Generally, if a case is considered at a Conference, viewers can expect that the disposition of a case will be announced on an Orders List that will be released at 10:00 a.m. the following Monday.”
The Conference date is January 9th so that makes a likely decision date of January 12th.
Is the DC case on appeal to the DC Circuit? If so, is it likely that the Supreme Court will wait for that decision to see if the DC circuit resolves the conflict?
No, the cases were already appealed and they found that the finality requirement of the APA was not jurisdictional and one case said that some discovery was allowed on the issue of finality.
Check out the writ here (http://caretolive.com/CareToLiveWrit1025.pdf) as it sets forth the arguments.
The two inferior circuits are in conflict.
Continue Reading CareToLive vs. FDA Update »
Popularity: 62%
Tags: andy von eschenbach, Care To Live, CareToLive, FDA, Kerry Donahue, Prostate Cancer, provenge, supreme court, Writ of Certiorari
Posted in The Cause, The Lawsuit | 1 Comment »