The applicable venue statute for private treble damage actions brought under the antitrust laws, 15 U.S.C. The Georgia insurance commissioner, Cravey, was personally served in the Northern District of Florida, and, without entering his appearance or waiving venue, moved to quash the summons and return of service and dismiss him from the action for improper venue. The complaint named as defendants the insurance commissioners of Georgia and Florida, one other individual, and four insurance companies residing and transacting business in the Southern District of Florida. This case arises out of a treble damage action brought by petitioner, an Illinois insurance corporation, in the United States District Court for the Southern District of Florida, alleging a conspiracy to injure petitioner's business, in violation of the Sherman and Clayton Acts. The question here is whether mandamus is an appropriate remedy to vacate a severance and transfer order entered by a district judge, on the ground of improper venue, under 28 U.S.C. JUSTICE CLARK delivered the opinion of the Court. 384.ĬERTIORARI TO THE UNITED STATES COURT OF APPEALS (c) Petitioner has not met the burden of showing that its right to issuance of the writ is "clear and indisputable." P. (b) Use of the writ of mandamus was not appropriate in this case to prevent alleged inconvenience and hardship occasioned by an appeal's being delayed until after final judgment. (a) The supplementary review power conferred on federal courts by the All Writs Act is meant to be used only in exceptional cases where there is a clear abuse of discretion or usurpation of judicial power, and this is not such a case. § 1406(a) on the ground of improper venue. In the circumstances of this case, mandamus against a federal district judge was not an appropriate remedy to vacate a severance and transfer order entered by him under 28 U.S.C. Cigna may not control the content or links of non-Cigna websites.U.S. Selecting these links will take you away from to another website, which may be a non-Cigna website. This website is not intended for residents of New Mexico. For availability, costs and complete details of coverage, contact a licensed agent or Cigna sales representative. LINA and NYLGICNY are not affiliates of Cigna.Īll insurance policies and group benefit plans contain exclusions and limitations. The Cigna name, logo, and other Cigna marks are owned by Cigna Intellectual Property, Inc. Accidental Injury, Critical Illness, and Hospital Care plans or insurance policies are distributed exclusively by or through operating subsidiaries of Cigna Corporation, are administered by Cigna Health and Life Insurance Company, and are insured by either (i) Cigna Health and Life Insurance Company (Bloomfield, CT) (ii) Life Insurance Company of North America (“LINA”) (Philadelphia, PA) or (iii) New York Life Group Insurance Company of NY (“NYLGICNY”) (New York, NY), formerly known as Cigna Life Insurance Company of New York. Group health insurance and health benefit plans are insured or administered by CHLIC, Connecticut General Life Insurance Company (CGLIC), or their affiliates (see a listing of the legal entities that insure or administer group HMO, dental HMO, and other products or services in your state). Individual and family medical and dental insurance plans are insured by Cigna Health and Life Insurance Company (CHLIC), Cigna HealthCare of Arizona, Inc., Cigna HealthCare of Illinois, Inc., and Cigna HealthCare of North Carolina, Inc.
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