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J. Cory Cordova v. Louisiana State University Agricultural & Mechanical College Board of Supervisors, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 22-30548, 22-30732 · judgment April 17, 2023


Certiorari denied · October 2, 2023
Pre-decision estimate: 3% cert probability

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

Question presented

Litigants may not weaponize the judicial system to sanction colorable arguments that in effect insulate its conduct from legitimate judicial challenges without implicating central First Amendment concerns. The underlying premise of the adversary system is that truth is its object; thus, the prohibition on viewpoint discrimination is particularly compelling—and, in fact, essential—to the integrity of the adversary system. Thus, sanctions and threats may not be utilized to restrict the substantive arguments litigants may present in legal proceedings. A sophisticated Medicare/Medicaid healthcare fraud scheme and the improper assignment of the state’s Medicaid and Medicare identification numbers to a private hospital was discovered by Petitioner due to the unprecedented amount of stonewalling he received when he sought to clarify the true nature of his employment relationship with the Respondents. The Respondents—a charity hospital system ostensibly designed to educate our future doctors while serving the most vulnerable members of our community— employed abusive litigation tactics utilizing the resources of the Louisiana Attorney General/current gubernatorial candidate to avoid detection and review of Petitioner’s case on the merits. The Questions Presented Are: 1. Whether the lower courts’ imposition of punitive sanctions violates Petitioner’s rights under the First Amendment to the United States Constitution.

Counsel of record

For petitioner
Christine Marie Mire
Law Office of Christine M. Mire, LLC

For respondent
James Huey Gibson
Gibson Law Partners, LLC

Case

Conference history
Distributed for 2 conferences

Linked docket
23A196

Proceedings

  1. Oct 02 2023
    Application (23A196) denied by the Court.
  2. Oct 02 2023
    Petition DENIED.
  3. Sep 06 2023
    DISTRIBUTED for Conference of 9/26/2023.
  4. Sep 06 2023
    Application (23A196) referred to the Court.
  5. Sep 01 2023
    Application (23A196) refiled and submitted to Justice Sotomayor.
  6. Aug 31 2023
    Application (23A196) denied by Justice Alito.
  7. Aug 28 2023
    Application (23A196) for a stay, submitted to Justice Alito.
  8. Aug 23 2023
    DISTRIBUTED for Conference of 9/26/2023.
  9. Jul 25 2023
    Waiver of right of respondents University Hospital & Clinic, Inc., Lafayette General Medical Center, Inc. and Lafayette General Health System, Inc. to respond filed.
  10. Jul 24 2023
    Waiver of right of respondents Bd. of Supv's of LSU, et al., et al. to respond filed.
  11. Jul 14 2023
    Petition for a writ of certiorari filed. (Response due August 21, 2023)