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Posts Tagged ‘Writ of Certiorari’
LATEST POSTS
- 08/25/2010 - Senators Specter and Kerry - CMS Has Some ‘Splaining To Do
- 08/14/2010 - ASCO Tells CMS It Should Cover Provenge
- 07/29/2010 - Provenge Works & Costs the Same as Chemo & Comments by Bishop
- 07/25/2010 - Setting the Record Straight
- 07/15/2010 - The Bloodshed, Bogus Threats, Birth Defects, Bashers Cover Letter
- 07/15/2010 - Provenge Is Approved But The Lies Continue
- 07/08/2010 - PROVENGE WILL BE COVERED BY MEDICARE
- 07/06/2010 - CareToLive sends a Freedom of Information Request to the Centers for Medicare & Medicaid Services
- 07/04/2010 - The Centers for Medicare and Medicaid Services are requesting comments.
- 05/20/2010 - Dr. Snuffy Myers Advocates For Provenge Treatment
MOST POPULAR
- Dr. Snuffy Myers Advocates For Provenge Treatment
- The Centers for Medicare and Medicaid Services are requesting comments.
- CareToLive sends a Freedom of Information Request to the Centers for Medicare & Medicaid Services
- PROVENGE WILL BE COVERED BY MEDICARE
- Provenge Is Approved But The Lies Continue
- The Bloodshed, Bogus Threats, Birth Defects, Bashers Cover Letter
- The Real Provenge Story
- Setting the Record Straight
- BREAKING NEWS! PROVENGE APPROVED!
- Provenge Works & Costs the Same as Chemo & Comments by Bishop
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 »
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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 »