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Jeffrey Isaacs v. USC Keck School of Medicine, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-55633 · judgment April 22, 2021


Certiorari denied · January 10, 2022
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a dissent in the court below (flagged in the petition), and counsel who has filed here before.

Questions presented

Dr. Isaacs respectfully petitions the United States Supreme Court to address the following questions presented and grant a writ of certiorari.

  1. Under the doctrine of judicial estoppel, should the lower courts have upheld the sanctity of the oath and estopped USC and Gibson Dunn from arguing inconsistent positions that spanned a decade-and-a-half ?

  2. Did USC and Gibson Dunn present knowingly false statements to the Ninth Circuit, when asked multiple times whether the intent of the Isaacs-USC 2008 settlement agreement was to invalidate the Isaacs-USC 2007 settlement, or did Robin Dal Soglio falsely represent to the District Court that the 2008 settlement “had no effect” on the 2007 settlement agreement?

  3. Dr. Isaacs’ medical license (see 2018 cert petition) was revoked for his reliance upon Dal Soglio’s above representation. Should a physician be effectively barred from medical practice for life, because he relied upon one of two contradictory positions taken by USC counsel over a span of fourteen years?

  4. Does FRCP 41(d) allow for award of attorneys’ fees, or is it limited to costs, per the plain language of the Rule?

Counsel of record

For petitioner
Keith Allen Mathews
Associated Attorneys of New England

For respondent
Pierre A. Chabot
Devine Millimet & Branch, PA

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 10 2022
    Petition DENIED.
  2. Dec 08 2021
    DISTRIBUTED for Conference of 1/7/2022.
  3. Nov 01 2021
    Waiver of right of respondent Trustees of Dartmouth College to respond filed.
  4. Nov 01 2021
    Waiver of right of respondents USC Keck School of Medicine; Gibson, Dunn & Crutcher LLP to respond filed.
  5. Oct 29 2021
    Waiver of right of respondents USC Keck School of Medicine; Gibson, Dunn & Crutcher LLP to respond filed.
  6. Oct 29 2021
    Waiver of right of respondent Dartmouth-Hitchcock Medical Center to respond filed.
  7. Oct 28 2021
    Waiver of right of respondent New Hampshire Board of Medicine to respond filed.
  8. Oct 20 2021
    Petition for a writ of certiorari filed. (Response due November 22, 2021)