Writ of Mandamus

News & Analysis as of

Circuit Court Grants Writ of Mandamus Requiring EPA to Act on Petition to Ban Chlorpyrifos

In an opinion issued on August 10, 2015, the U.S. Court of Appeals for the Ninth Circuit granted a writ of mandamus requested by Pesticide Action Network North America and the Natural Resources Defense Council (Petitioners)...more

Scope of Attorney-Client Privilege And Work Product Doctrine In Internal Investigations Clarified

The scope of the attorney-client privilege and work product doctrine for internal investigation reports has once again been clarified by the D.C. Circuit in a False Claims Act case against defense contractor KBR, Inc. In its...more

Internal Investigation Documents Are Protected from Disclosure in False Claims Act Case, D.C. Circuit Holds

Reversing a lower court decision, the D.C. Circuit recently concluded – for a second time – that certain internal audit documents are protected from disclosure by the attorney-client communication and work production...more

D.C. Circuit Confirms: Attorney-Client Privilege Applies to Internal Investigations of Whistleblower Complaints Conducted at the...

The ability to preserve privilege for highly sensitive internal investigations conducted at the direction of attorneys is alive and well. In a closely watched decision on the scope of the attorney-client privilege as applied...more

D.C. Circuit Upholds Attorney-Client Privilege Again in In re Kellogg Brown & Root, Inc.

On August 11, 2015, the U.S. Court of Appeals for the D.C. Circuit granted a petition by Kellogg Brown & Root, Inc. (“KBR”) for a writ of mandamus in order to protect KBR’s assertion of attorney-client privilege over its...more

Appeals Court Clarifies Attorney-Client, Work Product Privileges in Internal Investigation Context: 3 Takeaways

In its latest review of the attorney-client and work product privileges in In re: Kellogg Brown & Root, Inc. (“In re KBR”), the US Court of Appeals for the DC Circuit again rejected the district court’s restrictive...more

IP Newsflash - July 2015 #4

FEDERAL CIRCUIT CASES - Federal Circuit Grants Mandamus Disallowing Use of U.S. Discovery in Foreign Proceedings - The Federal Circuit has granted mandamus vacating a New Jersey district court’s order that allowed...more

If At First You Succeed, Don’t Try, Try, Try Again

The Fifth District Court of Appeal has confirmed that the 90-day statute of limitations under the Subdivision Map Act includes takings claims arising out of Map Act decisions. Honchariw_v._County_of_Stanislaus, No. F069145...more

Court of Appeals Grants Writ of Mandamus Requiring EPA to Take Final Action on Chlorpyrifos Petition

On June 10, 2015, the Ninth Circuit Court of Appeals granted a petition for a writ of mandamus for a petition filed by Pesticide Action Network North America and Natural Resources Defense Council in 2007. That petition...more

Ninth Circuit Court Of Appeals Grants Writ Of Mandamus To Vacate Order Granting Disqualification Of Arbitrator

In In Re Sussex, No. 14-70158 (9th Cir. Jan. 27, 2015), the Ninth Circuit determined that the district court erred in holding that its decision to intervene mid-arbitration was justified under Aerojet-General Corp. v. Am...more

EPA Responds to Petition for Writ of Mandamus Relating to Chlorpyrifos

Along with the release of the revised human health risk assessment for chlorpyrifos, in late December 2014, the U.S. Environmental Protection Agency (EPA) filed a Response to the Petition for a Writ of Mandamus that the...more

Orange County Sanctioned for Frivolous Appeal

In a scathing opinion issued on December 12, 2014, the Fifth District Court of Appeal took Orange County and its attorney to task for its appeal of an order awarding attorneys fees in connection with the County’s violation of...more

Federal Circuit Grants Writ of Mandamus Ordering Transfer of Case

In re Apple - The U.S. Court of Appeals for the Federal Circuit granted a petition for a writ of mandamus and ordered the case transferred from the U.S. District Court for the Eastern District of Texas to the U.S....more

Fujitsu v. Tellabs: Fujitsu Appeal's Decision on Motion to Compel and, After It Loses on Appeal, District Court Orders a Civil...

In this patent infringement action, the district court granted a motion to compel filed by Tellabs against Fujitsu. Fujitsu then filed a petition for a writ of mandamus with the Federal Circuit to overturn the decision of the...more

Insurer Sues Department of Insurance Over Multi-Million Dollar Penalty

In suing the California Insurance Commissioner on July 10, 2014, PacifiCare Life Insurance Company sought a writ of mandamus ordering the Commissioner to set aside his Decision and Order imposing a record $173 million penalty...more

Federal Circuit Rejects Writ of Mandamus Concerning Waiver of Argument

In re Nokia Inc. and Nokia Corp. - In a brief order, the U.S. Court of Appeals for the Federal Circuit denied a writ of mandamus filed by Nokia Corporation seeking to compel the U.S. International Trade Commission to...more

Kern County’s CEQA Mitigation Measure For Wind Farm Project Relying On FAA Review and Determination of Aviation Safety Impacts Is...

Alleged land use conflicts between newly proposed land uses and existing nearby airports are nothing new, and can produce heated CEQA battles as project opponents often raise “life safety” issues as potential project impacts....more

Appeals Court Confirms that Results of Internal Investigation are Privileged

On June 27, 2014, the United States Court of Appeals for the District of Columbia Circuit issued a decision in In re: Kellogg Brown & Root, Inc., an important ruling which confirms the application of the attorney-client...more

D.C. Circuit grants petition for mandamus and strongly reaffirms attorney-client privilege for internal investigations

The attorney-client privilege has long protected attorney-client communications made during the course of an internal investigation. Upjohn Co. v. United States, 449 U.S. 383 (1983). Of course, the privilege encourages “full...more

D.C. Circuit Upholds Protection of Attorney Client Privilege in Internal Investigations Conducted Pursuant to Regulatory Mandate

In a widely anticipated decision, today, the D.C. Circuit granted a writ of mandamus and vacated a district court order requiring the production of a company's internal investigation documents presumed to be protected by the...more

Owner Permitted to Redeem Property from Tax Claim Bureau

A panel of the Commonwealth Court held that the Westmoreland Tax Claim Bureau had the discretion under the Real Estate Tax Sale Law (RETSL) to allow an owner of a tax delinquent property (Rowe) to redeem the property through...more

Balancing Venue, Transfer Factors at the Federal Circuit - In re Altair Engineering, Inc.; In re Groupon, Inc.

In re Altair Engineering, Inc.; In re Groupon, Inc. - The U.S. Court of Appeals for the Federal Circuit denied two writs of mandamus filed by defendants requesting the Federal Circuit to direct district courts to...more

NBCUniversal Media, LLC v. Superior Court

NBCUniversal Media, LLC v. Superior Court - California Court of Appeals, April 1, 2014 (unpublished)- Petitioners NBCUniversal Media, LLC, formerly known as NBC Universal, Inc., and Universal Television Network (the...more

Illinois Appellate Court Dismisses Assessment Challenge Seeking Writ Of Mandamus

The Illinois Appellate Court recently dismissed a petition for a writ of mandamus in which the plaintiffs challenged the legality of taxes assessed on their property. In Dumas v. Pappas, the Court addressed the proper path...more

Third Circuit Holds Interrelated Claims Provision Is An Exclusion to Coverage

In its recent decision in Borough of Moosic v. Darwin National Assurance Co., 2014 U.S. Ap. LEXIS 2118 (3d Cir. Feb. 4, 2014), the United States Court of Appeals for the Third Circuit, applying Pennsylvania law, had occasion...more

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