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Andres Mencia v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 18-13967 · judgment June 9, 2021

GVR'd · June 30, 2022
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

For more than a decade, the civil standard of care established for the practice of medicine has been utilized by federal prosecutors in criminal prosecutions against physicians to create criminal liability resulting in mass incarceration of physicians. Is the civil definition of standard of care as opined by government hired experts sufficient to create criminal liability against physicians or should a civilized country . like the United States clearly spell out what is criminal while the doctor is at his office, in his white uniform, seeing patients in the ordinary course of business?

Counsel of record

For petitioner
Andres Mencia

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Aug 01 2022
    JUDGMENT ISSUED
  2. Jun 30 2022
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Xiulu Ruan v. United States, 597 U. S. ___ (2022).
  3. Jun 29 2022
    DISTRIBUTED for Conference of 6/29/2022.
  4. Jun 19 2022
    Reply of petitioner Andres Mencia filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  5. Jun 07 2022
    DISTRIBUTED for Conference of 6/23/2022.
  6. May 20 2022
    Memorandum of respondent United States filed.
    Main DocumentProof of Service
  7. Apr 07 2022
    Motion to extend the time to file a response is granted and the time is further extended to and including May 20, 2022.
  8. Apr 05 2022
    Motion to extend the time to file a response from April 22, 2022 to May 20, 2022, submitted to The Clerk.
    Main Document
  9. Mar 10 2022
    Motion to extend the time to file a response is granted and the time is further extended to and including April 22, 2022.
  10. Mar 09 2022
    Motion to extend the time to file a response from March 24, 2022 to April 22, 2022, submitted to The Clerk.
    Main Document
  11. Feb 18 2022
    Motion to extend the time to file a response is granted and the time is extended to and including March 24, 2022.
  12. Feb 17 2022
    Motion to extend the time to file a response from February 22, 2022 to March 24, 2022, submitted to The Clerk.
    Main Document
  13. Nov 06 2021
    Petition for a writ of certiorari filed. (Response due February 22, 2022)
    Certificate of Word CountPetitionProof of Service