The Effect of Abbs[index]
The 7th Circuit vacated the judgment of the lower court and dismissed Professor Abbs's lawsuit for lack of subject matter jurisdiction.
As described above, there was no jurisdiction for declaratory relief because there were other remedies available to Dr. Abbs. It is not so clear why jurisdiction for injunctive relief was lacking. The simplest interpretation is that there were other remedies available for the relief Dr. Abbs requested in the complaint, and the complaint didn't request relief from the (unlikely) harm for which adequate judicial remedies were not available (the ALERT system).
Next - Warnings to Researchers & Federal Agencies
Previous - Imminent Irreparable Harm
The Law, Science & Public
Health Law Site
The Best on the WWW Since 1995!
Copyright as to non-public domain materials
See DR-KATE.COM for home hurricane and disaster preparation
See WWW.EPR-ART.COM for photography of southern Louisiana and Hurricane Katrina
Professor Edward P. Richards, III, JD, MPH - Webmaster