Legal Opinion
David B. Lowry v. Jo Anne Barnhart, in Her Capacity as Commissioner of the Social Security Administration Dan Hyatt Riley Atkins Bennett Engelman
Court of Appeals for the Ninth Circuit
Decided May 16, 2003No. 01-35775PublishedCited by 148 opinions
1Opinion of the Court
OPINION
KOZINSKI, Circuit Judge.
In this case, social security lawyer David Lowry tries to live out what must be every lawyer’s fantasy by suing the judge who ruled against him one time too many. Lowry seeks a writ of mandamus to have Administrative Law Judge Dan Hyatt investigated and kicked off his future cases. We consider whether the writ can be put to this novel use.
1. Lowry represents social security claimants, and Hyatt is an administrative law judge who often presides over his cases. Lowry says Hyatt uses “intimidation and anger as a tactic to shorten [his] hearings,” refuses to hear…
2Cases cited19 opinions
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Arizonans for Official English v. ArizonaSupreme Court of the United States · 1997
- Samuel Martinez-Serrano v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1996
- Conn v. GabbertSupreme Court of the United States · 1999
- Schweiker v. HansenSupreme Court of the United States · 1981
14 more not listed; retrieve them via the Exa API.
3Cited by148 opinions
- Cathleen Parra v. Michael J. Astrue, Commissioner of the Social Security AdministrationCourt of Appeals for the Ninth Circuit · 2007
- Hu v. City of New YorkCourt of Appeals for the Second Circuit · 2019
- Kohn Law Group, Inc. v. Auto Parts Manufacturing Mississippi, Inc.Court of Appeals for the Ninth Circuit · 2015
- Trigueros v. AdamsCourt of Appeals for the Ninth Circuit · 2011
- Lockwood v. Commissioner Social Security AdministrationCourt of Appeals for the Ninth Circuit · 2010
143 more not listed; retrieve them via the Exa API.