Petition for Writ of Certiorari # 07-1525

The Fifth Amendment has an explicit requirement that the Federal Government not deprive individuals of "life, liberty, or property," without due process of the law and... (More) The Fifth Amendment has an explicit requirement that the Federal Government not deprive individuals of "life, liberty, or property," without due process of the law and an implicit guarantee that each person receive equal protection of the laws. The Prescription Drug User Fee Act ("PDUFA") should be repealed on Constitutional grounds. The ends (expedited new drug approvals) do not justify the means (reckless endangerments, hospitalizations, and deaths). Not all U.S. citizens want or need "unfettered access" to potentially dangerous drugs. It's an Equal Protection argument. Big Pharma's profit, from dangerous drugs whose market approvals are expedited under the PDUFA, should not receive preferential treatment over public safety. The PDUFA and the Bayh-Dole Act are destroying the integrity of the practice of medicine and medical research in this country. A physician's prime directive is, above all else, do no harm (primum non nocere).

See pages 4 and 5 of Supplemental Brief and Appendix in Support of Petition for Writ of Certiorari, United States Supreme Court Case No. 07-1525, where it states, "Extrinsic fraud in a Chapter 11 Bankruptcy proceeding (In Re: Magellan Health Services, Inc.) was alleged. The first RICO action (filed on February 19, 2003, in Tucson, AZ) was stayed by the automatic stay on June 17, 2003. See page 6 of Document 56 under the heading Statute of Limitations. See pages 8 thru 22 of Document 47 filed in SDTX. See pages 1 thru 2 of Document 48-2 filed in SDTX. See pages 10 thru 13 of Document 79. See the exhibits at TAB A of Document 79. The Affidavit of Michael P. McQuillen, signed on October 29, 2003, found at pages 10 thru 14 of Document 47, was under oath, false, material to Davidsons’ claims, material to obtaining Chapter 11 Discharge Confirmation and permanent injunction, made with knowledge of its falsity, and represents new overt acts within the limitations period."

Michael P. McQuillen, Vice President and Associate General Counsel of Magellan Health Services, in the "Affidavit of Michael P. McQuillen" on October 29, 2003, knowingly and fraudulently made false oath in the Chapter 11 proceeding (In Re: Magellan Health Services Inc) with intent to impede, obstruct, and influence the proper administration of a matter within a case filed under Title 11.

"Davidsons have been prevented and impaired from asserting their federal rights in an extraordinary way. Davidsons sought vindication in both federal (Arizona, New York, and Texas) and state courts (Arizona)." See Reply Brief, Davidson v. Grossman, U.S. Court of Appeals for the Fifth Circuit, Case No. 07-20650; See Oshiver v. Levin, Fishbein, Sedran & Berman, 38 F.3d 1380, 1387 (3rd Cir. 1994); See 543 US 1081 Davidson v. Vivra Inc, Petition for Writ of Certiorari Before Judgment # 04-537, filed September 17, 2004, cert. denied, January 10, 2005; See 555 US ___, Davidson v. Grossman, Petition for Writ of Certiorari # 07-1525, filed June 4, 2008, cert. denied, October 6, 2008; See also Supplemental Brief in Docket #07-1525 for citation to Bridge v. Phoenix Bond & Indemnity Co., 553 U.S. ___ (2008) and Liquidation Commission v. Luis Alvarez Renta (11th Cir. 2008). (Less)

Documents

People