A writ of mandamus (or writ of mandate) is a judicial remedy in the form of an order from a superior court to any government, corporation, or public authority to do or not do some act that the body is obligated to do or not do. The remedy—acquired through a petition to the court—is appropriate in the event that the party seeking (often called the petitioner or applicant) has been denied a judicially-enforceable and legally-protected right by a party (the respondent) that has a legal duty to act and yet abstains from acting.
When Immediate Court Action May Be Necessary
Essentially, actions or omissions by administrative or governmental bodies, agencies, and officials are sometimes so inappropriate or offensive, that immediate, emergency action by a court needs to be taken. As a leader in administrative and professional licensing law , Simas & Associates, Ltd., is well-versed in seeking and acquiring a writ of mandamus to protect the rights of our clients.
Superior Court Review of Administrative Actions
By way of the Administrative Procedure Act (APA) , superior courts have authority to review all actions of administrative agencies through the standard of “abuse of discretion.” As a result, Simas & Associates, Ltd., can use a petition of writ of mandamus to overturn a disciplinary decision of a licensing agency. It can also be used to overturn decisions of credentialing committees of insurance companies. If the right is of a public nature—i.e.
the right to earn a living—the act or failure to act that denies that right is subject to an abuse of discretion review by the court.
How a Petition for Writ of Mandamus May Be Used
Administrative Agencies
Superior courts have authority to review actions of administrative agencies through the standard of “abuse of discretion.”
Licensing Decisions
A petition of writ of mandamus can be used to overturn a disciplinary decision of a licensing agency.
Credentialing Decisions
It can also be used to overturn decisions of credentialing committees of insurance companies.
In drafting petitions for a writ of mandamus, Simas & Associates, Ltd., fully understands the strict bounds upon which the court will examine the request. We have experience in handling the statutes surrounding the authority to grant the writ, as well as the interpretative case law concerning its application. In the event the court seeks a hearing on the petition or the underlying the request, Simas & Associates, Ltd., also has a reputation of successful oral advocacy on behalf of our requests.
Statutory Analysis, Case Law and Oral Advocacy
Given Simas & Associates, Ltd.’s experience and reputation in the field of writs of mandamus, retaining our firm means your rights will be protected and preserved throughout your licensing or credentialing dispute.