Legal Opinion · Dissent

In re: George Lombardi v.

Court of Appeals for the Eighth Circuit

Decided January 24, 2014No. 13-3699Published

1DissentBye, Circuit Judge

The Director is not entitled to the extraordinary remedy of a writ of mandamus. Such a remedy is proper only in cases of “a judicial usurpation of power or a clear abuse of discretion,” and only if the party seeking mandamus relief “show[s] that his right to issuance of the writ is clear and indisputable.” Cheney v. U.S. Dist. Court for D.C., 542 U.S. 367, 380-81, 124 S.Ct. 2576, 159 L.Ed.2d 459 (2004) (internal quotations, brackets, and citations omitted). Because the district court did not clearly abuse its discretion in ordering the Director to disclose the identities of the compounding…

2Cases cited11 opinions

  1. Farmer v. BrennanSupreme Court of the United States · 1994
  2. Helling v. McKinneySupreme Court of the United States · 1993
  3. Cheney v. United States District Court for District of ColumbiaSupreme Court of the United States · 2004
  4. Baze v. ReesSupreme Court of the United States · 2008
  5. Cook v. BrewerCourt of Appeals for the Ninth Circuit · 2011

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