Earlier this month I posted here on the occasion of the rare success by a litigant in getting a higher court to order a lower court to do its job. Writs of mandamus as they are called are rarely sought and even more rarely granted.
I also remarked that "only once in practice did I come close to seeking a writ of mandamus because one expects that, if granted, the lower court will simply rule against the position of the party getting the higher court's order."
Lo and behold, according to Reuters that's just what happened to Syncora: the District Court ruled on the appeal of the Bankruptcy Court's decision and it ruled against Syncora.
I have no rooting interest on this issue. I haven't read the original order, the briefs on appeal, or even the District Court's decision (which isn't yet available on WestLaw). I'm confident Syncora's lawyers expected this result and had already prepared a notice of appeal to the Sixth Circuit. Stay tuned for further developments in Detroit's case.
I also remarked that "only once in practice did I come close to seeking a writ of mandamus because one expects that, if granted, the lower court will simply rule against the position of the party getting the higher court's order."
Lo and behold, according to Reuters that's just what happened to Syncora: the District Court ruled on the appeal of the Bankruptcy Court's decision and it ruled against Syncora.
I have no rooting interest on this issue. I haven't read the original order, the briefs on appeal, or even the District Court's decision (which isn't yet available on WestLaw). I'm confident Syncora's lawyers expected this result and had already prepared a notice of appeal to the Sixth Circuit. Stay tuned for further developments in Detroit's case.
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