Chawla v. Appeals CourtAnnotate this Case
The Supreme Judicial Court affirmed the judgment of a single justice of the court denying Appellant's complaint for relief in the nature of mandamus or, in the alternative, for relief pursuant to Mass. Gen. Laws ch. 211, 3, holding that the single justice neither erred nor abused his discretion in denying the complaint.
Appellant commenced a qui tam action. The case was dismissed, and the appeals court affirmed. Appellant filed a petition for rehearing in the appeals court. A replacement judgment took part in the decision denying the petition for rehearing. Appellant's ensuing motion for recusal of the replacement judge was denied. Appellant then sought relief in the nature of mandamus to compel the replacement judge to demonstrate the basis for his decision not to recuse himself, to order the recusal, and to compel the appeals court to reconsider his petition for rehearing. The Supreme Judicial Court held that the single justice correctly denied relief because Appellant's issues were not the type of action that could be compelled by a complaint for mandamus and that Appellant failed to demonstrate the absence or inadequacy of remedies alternative to Mass. Gen. Laws ch. 211, 3.