Miscellaneous ACA Litigation
There’s a lot here. Some cases I’m tracking in some detail, some cases I’m tracking pretty loosely. Also, here’s an explanation of which cases might be here but are instead on a different sub-page, including the closed-cases subpage.
Cases that are here: Texas v. U.S. originally No. 7:15-cv-151 (N.D. Tex.) (Medicaid managed care plan fees);
American Hospital Ass’n v. Azar, originally No. 1:19-cv-3619 (D. D.C.) (hospital price disclosure);
Chamber of Commerce of the U.S. v. U.S. D.H.H.S., No. 6:21-cv-309 (E.D. Tex.) (transparency regulation);
American Hospital Ass’n v. Azar, originally No. 1:18-cv-2084 (D. D.C.) (drug pricing under 340B);
American Hospital Ass’n v. Azar, No. 1:18-cv-2841 (D. D.C.) (reimbursement rates for hospital outpatient clinics);
Fisher v. Aetna Life Ins. Co., No. 1:16-cv-144 (N.D. Ga.) (family annual limit vs. individual annual limit);
D.C./Bread for the City v. U.S.D.A., No. 1:20-cv-119 (D. D.C.) (SNAP);
City of Seattle v. Trump, No. 2:20-cv-1560 (W.D. Wash.) (the Anarchist Jurisdictions funding cutoff case);
Coney Island Prep v. U.S. D.H.H.S. and CDC, No. 1:20-cv-9144 (S.D. N.Y.) (HHS and the CDC not living up to statutory reporting responsibilities); and
Oscar Insurance Co. v. Blue Cross and Blue Shield of Florida, No. 19-14096 (11th Cir.), an antitrust case involving the McCarran-Ferguson exception, argued November 20, 2020.
Some materials on the sunset rule case, No. 5:21-cv-1655 (N.D. Cal.).
Texas Medical Association v. U.S. D.H.H.S., No. 6:21-cv-425 (E.D. Tex.), an attack on the regulations implementing the No Surprises Act — ongoing cases separately listed on the No Surprises Act page.
Colville v. Becerra, No. 1:22-cv-113 (S.D. Miss.), an attack on anti-racism plans.
NAGE v. Yellen, No. 1:23-cv-11001 (D. Mass.), a debt ceiling case.
Some cases probably properly labeled “miscellaneous” are on the statutory conscience protections page, namely the Skyline Wesleyan, Foothill Baptist, and Vita Nuova cases, collected at https://affordablecareactlitigation.com/statutory-conscience-rights/; also on that page is a health care sharing ministries case from Washington State.
The City of Chicago case on the Trump Administration’s 2020 refusal to hold a special enrollment period is on the special enrollment period page, https://affordablecareactlitigation.com/special-enrollment-periods/.
If there’s any litigation about the Medicaid maintenance of effort requirement, sec. 6008 of the Families First Coronavirus Response Act, I’ll put it on the https://affordablecareactlitigation.com/aca-litigation-state-by-state/ page, where there is already a collection of materials about sec. 6008.
On the closed cases page, https://affordablecareactlitigation.com/closed-aca-cases/, there are now a number of cases that formerly were “miscellaneous.”
THE TEXAS V. U.S. MEDICAID MANAGED CARE PLAN FEES CASES
Texas v. U.S., No. 7:15-cv-151 (N.D. Tex.)
Texas v. U.S., No. 7:15-cv-151 (N.D. Tex.), Memorandum Opinion and Order (August 4, 2016)
Government request for extension of time, 1/26/17
Government request for extension of time, 5/4/17
Plaintiffs’ opposition to extension, 5/5/17
Order for extension, 5/16/17
Government SJ op/cross motion, 6/5/17
texas v us sj response ms x mo
Plaintiffs’ SJ reply/op, 6/23/17
Government SJ reply, 7/13/17
Order re oral argument, 9/29/17
OA continuance motion, 10/2/17
OA rescheduling order, 10/2/17
OA renewed continuance motion, 10/3/17
| 10/05/2017 | 80 | ELECTRONIC ORDER granting 79 Motion to Continue. Motion Hearing set for 10/25/2017 09:00 AM in US Courthouse, Courtroom 2nd Floor, 501 W. 10th St. Fort Worth, TX 76102-3673 before Judge Reed C. O’Connor. (Ordered by Judge Reed C. O’Connor on 10/5/2017) (chmb) (Entered: 10/05/2017) |
Supplemental briefing order, 11/1/2017
Texas v. US addl briefing order
Plaintiffs’ supplemental brief, 11/13/2017
Gov’t supplemental brief, 11/22/2017
Plaintiffs’ supplemental SJ brief, 11/27/2017
17.11.27 Texas v US pltf supp sj br
Summary judgment opinion, 3/5/2018
Order requesting status report, 3/7/2018
Joint status report, 3/14/2018
texas 1 joint status report 3 14 18
Order, 3/15/2018
US notice of interlocutory appeal, 5/3/2018
Fifth Circuit # 18-10545
District court question re final judgment, 5/15/2018
Texas notice of interlocutory cross [?] appeal, 5/17/2018
Texas motion for entry of final judgment/reconsideration, 5/21/2018
US response, 6/11/2018
Joint motion to hold appeal in abeyance, 6/14/2018
Joint mo to hold appeal in abeyance
Clerk’s stay order, 6/15/2018
Texas reply supporting reconsideration, 6/25/2018
Fifth Circuit status report, 8/14/2018
Order (on reconsideration), 8/21/2018
US request for stay, 8/24/2018
Texas v. US Medicaid US mo to delay final judgment
Plaintiffs’ opposition to stay, 9/7/2018
Plaintiffs’ motion for leave to file second amended complaint, with expediting paperwork, 9/7/2018
second amended complaint, with motion for leave to file
motion for expediting second amended complaint
Order setting deadlines, 9/7/2018
US opposition to second amended complaint, 9/12/2018
Texas v US op to amended complaint
Texas reply supporting second amended complaint, 9/13/2018
Texas v US amended complaint reply
Fifth Circuit status report, 9/14/2018
Texas Kansas Louisiana status report 9 14 18
Order denying second amended complaint, 9/20/2018
US reply supporting stay, 9/21/2018
| 10/17/2018 | 117 | ORDER: Before the Court are Defendants’ Motion to Stay Issuance of Final Judgment (ECF No. 101 ), filed August 24, 2018; Plaintiffs’ Response and Objection (ECF No. 104 ), filed September 7, 2018; and Defendants’ Reply (ECF No. 114 ), filed September 21, 2018. The Court sets this matter for a hearing on Monday, October 29, 2018, at 9:30 a.m. in the Second Floor Courtroom of the Eldon B. Mahon United States Courthouse, located at 501 W. 10th Street, Fort Worth, Texas. (Ordered by Judge Reed C. O’Connor on 10/17/2018) (skg) (Entered: 10/17/2018) |
| 10/29/2018 | 119 | ELECTRONIC Minute Entry for proceedings held before Judge Reed C. O’Connor: Motion Hearing held on 10/29/2018 re 101 Motion to Stay, filed by United States Internal Revenue Service, Don J. Wright, M.D., United States Department of Health & Human Services, United States of America, David J Kautter. Parties to file a status report within THIRTY (30) days. Attorney Appearances: Plaintiff – David Hacker, Randall Miller; Defense – Michelle Bennett. (Court Reporter: Denver Roden) (No exhibits) Time in Court – :20. (chmb) (Entered: 10/29/2018) |
Texas Kansas Louisiana 2 TRO deadlines order
US op to TRO, 9/26/2018
Texas Kansas Louisiana 2 US tro op
Plaintiff states’ TRO reply, 9/27/2018
Texas Kansas Louisiana 2 TRO reply
TRO denied as moot, 10/17/2018
Texas v US Medicaid 2 TRO mootness denial
Joint motion for stay of case 2, 11/14/2018
Joint status report, 11/28/2018
TX KS LA joint status report 11 28 18
Order for stay while parties try to settle damages amount, 12/4/2018
Case 2 stay order, 12/6/2018
Request for status conference, 12/11/2018
Consent motion for stay, 1/8/2019
texas kansas louisiana consent motion for stay
Plaintiffs’ status report, 1/9/2019
texas kansas louisiana pltf status report 1 9 19
Stay order, 1/14/2019
texas kansas louisiana stay order 1 14 19
Fifth Circuit status report, 1/14/2019
texas kansas louisiana status 1 14 19
Notice of restoration of appropriations, 1/28/2019
Texas Kansas Louisiana notice of restoration 1 28 19
Joint status report, 2/1/2019
Texas Kansas Louisiana joint status 2 1 19
Fifth Circuit status report, 2/13/2019
Case 2 joint status report, 2/19/2019
Case 1 joint status report, 3/1/2019
TKL joint status report 3 1 19
Order setting hearing for 3/6, 3/1/2019
Scheduling order, 3/7/2019
Fifth Circuit status report, 3/26/2019
Administrative closure, 3/28/2019
Case 2 Wisconsin unopposed motion to dismiss itself, 5/15/2019
Case 2 status report, 5/20/2019
Case 2 order dismissing out Wisconsin, 5/24/2019
Fifth Circuit status report, 5/28/2019
Joint pretrial order, 5/29/2019
Order cancelling trial, 5/30/2019
Joint status report, 6/7/2019
TKL joint status report 6 7 19
Order scheduling further briefing on interest, 6/7/2019
Supplemental joint status report, 6/19/2019
Motion for prejudgment interest, 6/19/2019
TKL states motion for interest
Fifth Circuit status report, 6/[27]/2019
US opposition to pre and post judgment interest, 7/1/2019
States’ reply, 7/12/2019
Order denying motion for interest, 7/19/2019
Order denying motion for interest
Proposed final judgment, 7/29/2019
Proposed briefing schedule on motion to stay execution of judgment, 7/29/2019
proposed briefing schedule on motion to stay execution
Fifth Circuit joint status report, 7/29/2019
Briefing schedule order, 7/30/2019
TKL stay execution briefing schedule
Final judgment, 7/30/2019
Stay order, 7/30/2019
US motion to stay execution, 8/12/2019
Case 2 status report, 8/19/2019
Fifth Circuit joint status report, 8/28/2019
Plaintiffs’ opposition to staying execution of judgment, September 3, 2019
TKL pltf op to staying enforcement of judgment
US reply supporting stay, September 17, 2019
US notice of appeal, September 26, 2019
TKL US notice of appeal 9 26 19
Fifth Circuit joint status report, 9/27/19
Notice of cross-appeal, 9/30/19
Fifth Circuit joint status report, 10/4/19
5C joint status report 10 4 19
Fifth Circuit ‘briefing resumed’ notice, 10/11/19
US opening brief, 11/20/19
Joint motion for briefing schedule, 11/21/19
5C joint mo for briefing schedule
Medicaid Health Plans of America amicus, 11/27/19
5C Medicaid Health Plans of America amicus
AHIP amicus, 11/27/19
Plaintiffs’ appellee brief, 1/29/20
Wisconsin letter brief, 1/29/20
5C Wisconsin partial adoption of appellee brief
US reply/response brief, 2/28/20
Texas Kansas Louisiana reply brief, 3/20/20
Wisconsin notice/motion re nonparticipation in oral argument, 4/27/20
Texas additional authority (3 Supreme Court cases), 6/30/2020
5C Texas addl authority 6 30 20
US response to additional authority, 7/2/2020
Opinion, 7/31/2020
Case 2 joint status report, 8/17/2020
Case 2 status report order, 8/18/2020
Texas petition for rehearing en banc, 9/14/2020
Order for response, 10/5/2020
Unopposed US request for extension to file response, 10/6/2020
Order setting response deadline at 11 16, 10/7/2020
Joint status report in second case, 10/14/2020
US opposition to petition for rehearing en banc, 11/9/2020
Unopposed motion to file reply/reply, 11/13/2020
US opposition to motion to file reply, 11/14/2020
Opinion on panel rehearing, 2/12/2021
Judgment after rehearing, 2/12/2021
Order denying rehearing en banc, with dissent, 4/9/2021
5C TKL en banc denial with dissent
Order for status report, 4/9/2021
Joint status report, 4/15/2021
Order for continued stay, 4/16/2021
Unopposed motion to stay mandate, 4/16/2021
5C TKL unopposed mo stay mandate
Order delaying issuance of mandate, April 19, 2021
Petition for certiorari, No. 21-379, docketed September 3, 2021
20210903120029540_Texas v. Rettig – Petition for Writ
US cert response, November 8, 2021
20211108180327020_21-379 – Texas v Comm
Texas cert reply, November 22, 2021
20211122134221635_21-379 Reply
| Nov 23 2021 | DISTRIBUTED for Conference of 12/10/2021. |
| Dec 06 2021 | Rescheduled. |
| Jan 03 2022 | DISTRIBUTED for Conference of 1/7/2022. |
| Jan 06 2022 | Rescheduled. |
| Jan 10 2022 | DISTRIBUTED for Conference of 1/14/2022. |
| Jan 18 2022 | DISTRIBUTED for Conference of 1/21/2022. |
[more]
Order denying cert, with Alito/Thomas/Gorsuch statement, March 28, 2022
===
[Case 2, identical proceedings, 4/15 and 4/16]
[Not filed in Texas v. U.S.: American Academy of Actuaries statement, March 13, 2018]
US District Court Decision Mischaracterizes Role of ASB
[IRS information on 2017, 2018, and 2019 HIPFs]
IRS moratorium info
US Supreme Court opinion on equitable disgorgement, Liu v. SEC, No. 18-1501 (June 22, 2020)
THE HOSPITAL PRICE DISCLOSURE CASE
American Hospital Association v. Azar, No. 1:19-cv-3619 (D. D.C.)
Complaint, 12/4/19
Motion and memorandum in support of summary judgment, with proposed order, 12/9/19
Declaration (American Hospital Ass’n)
Declaration (Ass’n of American Medical Colleges)
Declaration (Nat’l Ass’n of Children’s Hospitals)
Declaration (Federation of American Hospitals)
Declaration (Bothwell Regional Health Center)
Declaration (Memorial Community)
Declaration (Providence)
US summary judgment opposition/cross motion, Feb. 4, 2020
Patients Rights Advocate amicus, Feb. 13, 2020
37 State Hospital Associations amicus, Feb. 28, 2020
Chamber of Commerce of the US amicus, Feb. 28, 2020
Plaintiffs’ reply/response, Feb. 28, 2020
US reply supporting summary judgment, March 24, 2020
| 04/06/2020 | MINUTE ORDER. In light of In re: Extension of Postponed Court Proceedings in Standing Order 20-9 and Limiting Court Operations in Exigent Circumstances Created by the COVID-19 Pandemic, Extension of Postponed Court Proceedings 20-19, it is hereby ORDERED that the Hearing scheduled fo r April 22, 2020, is POSTPONED until further notice from the Court. Signed by Judge Carl J. Nichols on April 6, 2020. (lccjn3) (Entered: 04/06/2020) |
Plaintiffs’ notice re postponements, April 7, 2020
| 04/22/2020 | MINUTE ORDER. It is hereby ORDERED that a hearing on Plaintiffs’ 13 Motion for Summary Judgment and Defendant’s 19 Motion for Summary Judgment shall be held by videoconference on May 7, 2020, at 2:00 PM. Signed by Judge Carl J. Nichols on April 22, 2020. (lccjn3) (Entered: 04/22/2020) |
Memorandum opinion, and order, June 23, 2020
Notice of appeal, June 24, 2020
D.C. Circuit # 20-5193
Appellants’ brief (corrected), July 17, 2020
40 State Hospital Associations amicus, July 24, 2020
DCC 40 state hosp assns amicus
US Chamber of Commerce amicus, July 24, 2020
US appellee brief, August 14, 2020
PatientRightsAdvocate amicus, August 21, 2020
5C PatientRightsAdvocate amicus
Appellants’ reply brief, August 28, 2020
Appellants’ notice of additional authority (new HHS rules), September 21, 2020
notice addl authority new rule
HHS response to notice of additional authority, September 25, 2020
AHA additional authority (Executive Order), September 25, 2020
Appellants’ emergency motion for stay, December 21, 2020
US opposition to emergency motion for stay, December 23, 2020
Reply supporting stay, December 24, 2020
D.C. Circuit opinion, December 29, 2020
Order denying stay as moot, December 29, 2020
DCC order denying stay as moot
A TRANSPARENCY CASE
Chamber of Commerce of the U.S. v. U.S. D.H.H.S., No. 6:21-cv-309 (E.D. Tex., filed August 10, 2021)
Complaint
Chamber of Commerce complaint 8 10 21
A 340B case
American Hospital Ass’n v. Azar, No. 1:18-cv-2084 (D. D.C., December 27, 2019); 967 F.3d 818, No. 19-5048 (D.C. Cir., July 31, 2020)
District court merits opinion, Dec. 27, 2018
Remedies opinion, May 6, 2019
Order granting final judgment, July 10, 2019
Opening brief, Sept. 3, 2019
Answering brief, Sept. 24, 2019
Reply brief, Oct. 15, 2019
D.C. Circuit opinion
American Hospital Association v Azar
Petition for rehearing en banc, Sept. 14, 2020
Rehearing en banc denial order, Oct. 16, 2020
Cert petition, Dec. 10, 2020, No. 20-1114
20210210132919703_No.__ PetitionForAWritOfCertiorari
[amicus]
US opposition, May 13, 2021
20210513180921144_20-1114 – AHA 340B
AHA cert reply, May 28, 2021
20210528121046516_20-1114 – Reply
| Jul 02 2021 | Petition GRANTED. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: Whether petitioners’ suit challenging HHS’s adjustments is precluded by 42 U. S. C. §1395l(t)(12). |
340B dispute resolution final rule, 85 Fed. Reg. 80,632 (Dec. 14, 2020)
The Medicare site neutral payment case
American Hospital Ass’n v. Azar, No. 1:18-cv-2841 (D. D.C.)
Opinion, order, September 17, 2019
US motion to modify, September 23, 2019
Opposition, September 30, 2019
Opposition, October 1, 2019
Reply, October 7, 2019
Opinion and order denying motion to modify, October 21, 2019
Final rule with comment period (non Federal Register version), November 1, 2019
A case on family versus individual annual limits
Fisher v. Aetna Life Ins. Co., No. 1:16-cv-144 (S.D. N.Y., Oct. 5, 2020) 2020 WL 5898788
Fisher v Aetna Life Insurance Company
Notice of appeal, Nov. 6, 2020
THE D.C./BREAD FOR THE CITY SNAP CASE
District of Columbia/Bread for the City v. USDA, No. 1:20-cv-119 (D. D.C.)
[]
Preliminary injunction opinion, order, March 13, 2020
US notice of appeal, May 12, 2020
# 20-5136
Bread for the City motion for summary judgment (with corrected version), June 24, 2020
District of Columbia motion for summary judgment, June 24, 2020
Institute for Policy Integrity amicus, July 1, 2020
Impact Fund amicus, July 2, 2020
US House amicus, July 8, 2020
FRAC amicus, July 8, 2020
L.A. County amicus, July 8, 2020
Lawyers’ Committee amicus, July 8, 2020
Greater Hartford Legal Aid amicus, July 9, 2020
Shriver Center amicus, July 9, 2020
ABLE amicus, July 13, 2020
Native American Budget and Policy Institute amicus, July 13, 2020
US cross motion for summary judgment/summary judgment opposition, July 22, 2020
Private plaintiffs’ reply/opposition, August 19, 2020
Governmental plaintiffs’ reply/opposition, August 19, 2020
Plaintiffs’ proposal re briefing, September 8, 2020
DCC appellees scheduling proposal
US reply, September 9, 2020
Summary judgment opinion, and order, October 18, 2020
Unopposed motion to dismiss appeal as moot, October 29, 2020
Order dismissing appeal, November 5, 2020
Notice of appeal, December 14, 2020
D.C. Circuit # 20-5371
US motion voluntarily to dismiss appeal, March 22, 2021
Clerk’s order dismissing appeal, March 23, 2021
DCC clerk’s order dismissing 3 23
Mandate, March 23, 2021
THE ANARCHIST MEMO CITY OF SEATTLE CASE
City of Seattle v. Trump, No. 2:20-cv-1560 (W.D. Wash., filed Oct. 22, 2020)
City of Seattle v. Trump complaint
“Reviewing Funding to State and Local Government Recipients of Federal Funds That Are Permitting Anarchy, Violence, and Destruction in American Cities,” September 2, 2020
Stipulation re OMB, December 21, 2020
Seattle stip and proposed order
Order based on stipulation, December 22, 2020
Unopposed motion for extension of time to answer, February 8, 2021
City of Seattle consent motion xt
Extension of time to answer, February 9, 2021
U.S. notice re withdrawal of memos, February 26, 2021
City of Seattle notice re changed executive orders
Motion for voluntary dismissal, March 4, 2021
Dismissal order, March 5, 2021
THE CONEY ISLAND PREP CASE AGAINST HHS AND THE CDC
Coney Island Prep v. U.S. D.H.H.S. and CDC, No. 1:20-cv-9144 (S.D. N.Y., filed Oct. 30, 2020)
Complaint
Motion for order to show cause, Oct. 30, 2020
Memo supporting motion for order to show cause, Oct. 30, 2020
Declarations [many]
Williams declaration, with Exhibits A-P
Bernard-Joseph declaration
King declaration
Levine declaration
Greenberg declaration
Redlener declaration
Bassett declaration
Oster declaration (signature page only?)
Oster declaration (as refiled 11 2)
Martinez declaration
Scheduling order, Nov. 2, 2020
The Court will hold a hearing in the above-captioned matter on Monday, November 23, 2020 at 9:00 a.m. Due to the ongoing COVID-19 pandemic, the hearing will take place by teleconference … Defendants’ response to Plaintiffs’ motion for a preliminary injunction (see Dkt. Nos. 6, 7) shall be due by November 9, 2020 at 5:00 p.m. Plaintiffs’ reply shall be due by November 16, 2020 at 5:00 p.m.
Unopposed US request for extension of time to respond, Nov. 5, 2020
Scheduling order, Nov. 6, 2020
US opposition, Nov. 13, 2020
[Declarations]
Arias
Bratcher-Bowman
Ashmore
Foley
Perry
Nguyen
Reply memorandum supporting order to show cause, November 24, 2020
| 12/02/2020 | Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 12/2/2020. Norman Siegel, Cary McClelland, and Kahlil Williams present for plaintiffs. Allison Rover and Jennifer Jude present for defendants. Court reporter present. The Court heard arguments and reserved judgment on the motion for a preliminary injunction. The parties were directed to meet and confer as to a possible resolution in this matter and apprise the Court of the status of those discussions by Friday, December 4, 2020 at 5:00 p.m. (ksp) (Entered: 12/02/2020) |
US letter re settlement discussions, December 4, 2020
Order denying preliminary injunction, December 11, 2020
US pre-motion letter re motion to dismiss, December 30, 2020
Plaintiffs’ response to US letter, January 6, 2021
Plaintiffs’ letter re delay in filing amended complaint, February 9, 2021
Court’s endorsement of letter, February 11, 2021
Plaintiffs’ update letter and progress report, March 16, 2021
Order extending time to file amended complaint, March 16, 2021
Joint letter asking for additional extension, August 31, 2021
Stipulation for voluntary dismissal, October 6, 2021
Order accepting stipulation, October 7, 2021
======
Recent materials on the sunset rule case, 5:21-cv-1655 (N.D. Cal.)
Dep’t of Health & Human Servs., Securing Updated and Necessary
Statutory Evaluations Timely; Proposal to Withdraw or Repeal, 86 Fed. Reg. 59,906 (Oct. 29, 2021)
Stipulation for continued stay, November 1, 2021
Continued stay order, November 1, 2021
Joint status report, February 1, 2022
Santa Clara sunset joint status 2 1
Joint status report, March 7, 2022
Order continuing stay, March 8, 2022
Joint status report, June 7, 2022
Order continuing stay, June 7, 2022
Santa Clara continued stay 6 7
Stipulation to dismiss without prejudice, August 1, 2022
Santa Clara sunset stip dism w o prej 8 1
Order dismissing case without prejudice, August 1, 2022
Santa Clara sunset dism w o prej 8 1
==========
THE TEXAS MEDICAL ASS’N CASE AGAINST THE NO SURPRISES ACT REGULATIONS
Texas Medical Association v. U.S. D.H.H.S., No. 6:21-cv-425 (E.D. Tex., filed Oct. 28, 2021)
Complaint
Unopposed motion for expedited briefing, November 22, 2021
TMA No Surprises unop mo expedited SJ br 11 22
Scheduling order, November 23, 2021
TMA No Surprises scheduling order 11 23
Plaintiffs’ motion for summary judgment – December 10, 2021
Defendants’ opposition/cross-motion for summary judgment – January 10, 2022
Plaintiffs’ opposition/reply brief – January 24, 2022
Defendants’ reply brief – February 2, 2022.
Further, the Court hereby sets the parties’ summary judgment motions for
an in-person hearing on February 4, 2022, at 9:30 a.m., at the William M.
Steger Federal Building and United States Courthouse, 211 West Ferguson
Street, Tyler, TX 75702.
TMA motion for summary judgment, December 10, 2021
Action for Health amicus, December 17, 2021
TMA Action for Health amicus 12 17
California Medical Ass’n amicus, December 17, 2021
Medical Ass’n of Georgia amicus, December 17, 2021
Emergency Dep’t Practice Management Ass’n amicus, December 17, 2021
TMA Emergency Dept Practice Mgmt Assn amicus 12 17
[Exhibits]
Members of Congress amicus request, December 21, 2021
TMA Members of C amicus request 12 21
US opposition to amicus request, December 21, 2021
==
THE ASSOCIATION OF AIR MEDICAL SERVICES CASE AGAINST THE NO SURPRISES ACT REGULATIONS
Association of Air Medical Services v. U.S. D.H.H.S., No. 1:21-cv-3031 (D. D.C., filed Nov. 16, 2021)
Complaint
Motion for summary judgment, December 10, 2021
Joint scheduling proposal, December 14, 2021
AAMS joint briefing schedule proposal 12 14
==
THE AMA CASE AGAINST THE NO SURPRISES ACT REGULATIONS
American Medical Ass’n v. U.S. D.H.H.S., No. 1:21-cv-3231 (D. D.C., filed Dec. 9, 2021)
Complaint
AMA No Surprises complaint 12 9
Notice of related case, December 9, 2021
AMA No Surprises notice of related case 12 9
Motion for stay, December 9, 2021
AMA No Surprises motion for stay pending judicial review 12 9
US scheduling proposal, December 14, 2021
AMA US schedule proposal 12 14
Partial opposition to US motion for briefing schedule, December 15, 2021
Federation of American Hospitals amicus, December 15, 2021
Reply supporting US briefing schedule, December 15, 2021
US reply supporting its briefing schedule 12 15
| 12/22/2021 | MINUTE ORDER. Upon consideration of defendants’ 13 Motion for Briefing Schedule and the parties’ pleadings, it is hereby ORDERED that the defendants’ motion is GRANTED. It is further ORDERED that defendants shall file their opposition to plaintiffs’ motion for a stay pending judicial review, or in the alternative for summary judgment, together with their cross-motion for summary judgment, on or before January 24, 2022; defendants shall also file a certified list of the administrative record with the Court, and serve plaintiffs with a copy of the administrative record, on or before January 24, 2022; plaintiffs shall file their reply in support of their motion for a stay pending judicial review, or in the alternative for summary judgment, together with their opposition to defendants’ cross-motion, on or before February 7, 2022; and defendants shall file their reply in support of their cross-motion for summary judgment on or before February 18, 2022. It is further ORDERED that defendants shall be relieved of their obligation to answer the complaint. SO ORDERED. Signed by Judge Richard J. Leon on 12/22/2021. (lcrjl1) (Entered: 12/22/2021) |
====
THE AM. SOC. OF ANESTHESIOLOGISTS CASE AGAINST THE NO SURPRISES ACT REGULATIONS
American Society of Anesthesiologists v. U.S. D.H.H.S., No. 1:21-cv-6823 (N.D. Ill., filed Dec. 22, 2021)
Complaint, and exhibits
ASocAn No Surprises complaint 12 22 21
===
THE MISSISSIPPI ANTI-ANTI-RACISM PLANS CASE
Colville v. Becerra, No. 1:22-cv-113 (S.D. Miss., filed May 5, 2022)
Complaint
Plaintiffs’ motion to excuse some States from retaining local counsel, May 25, 2022
US motion to dismiss and memo, July 11, 2022
| 07/18/2022 | NOTICE of Hearing on Motion 13 Consent MOTION to Excuse Some Plaintiffs from Local Rule 83.1(d)(3) : TELEPHONIC Motion Hearing set for 7/18/2022 09:00 AM before Magistrate Judge Robert P. Myers Jr. Movant will place the telephone call to Judge Myers’ chambers with all necessary counsel on the line. (SR) (Entered: 07/18/2022) |
|
| 07/18/2022 | NOTICE of Hearing on Motion 13 Consent MOTION to Excuse Some Plaintiffs from Local Rule 83.1(d)(3) : TELEPHONIC Motion Hearing RESET for 7/25/2022 10:00 AM before Magistrate Judge Robert P. Myers Jr. Movant will place the telephone call to Judge Myers’ chambers with all necessary counsel on the line. (SR) (Entered: 07/18/2022) |
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| 07/22/2022 | NOTICE of Hearing on Motion 13 Consent MOTION to Excuse Some Plaintiffs from Local Rule 83.1(d)(3) : TELEPHONIC Motion Hearing RESET DUE TO A CONFLICT WITH COUNSEL FOR PLAINTIFFS’ SCHEDULE for 7/25/2022 02:00 PM before Magistrate Judge Robert P. Myers Jr. Movant will place the telephone call to Judge Myers’ chambers with all necessary counsel on the line. (SR) (Entered: 07/22/2022) |
| 07/25/2022 | Minute Entry for proceedings held before Magistrate Judge Robert P. Myers, Jr: TELEPHONIC Motion Hearing held on 7/25/2022 re 13 Consent MOTION to Excuse Some Plaintiffs from Local Rule 83.1(d)(3) filed by Ralph Alvarado, Commonwealth of Kentucky, State of Montana, Amber Colville, State of Mississippi, State of Alabama, State of Arkansas, State of Missouri, State of Arizona, State of Louisiana with attorneys Jennifer Moran Young, Cameron T. Norris – PHV, Justin L. Matheny-State Gov, Joseph Scott St. John, Carol Federighi-Federal Gov, Aaron J. Silletto – Assistant Attorney General, Kentucky Office of the Attorney General, and David M.S. Dewhirst – Solicitor General, Montana Department of Justice. Motion taken under advisement. (SR) (Entered: 07/25/2022) |
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| 07/25/2022 | 18 | ORDER OF RECUSAL. District Judge Taylor B. McNeel recused. Case reassigned to District Judge Halil S. Ozerden for all further proceedings. Signed by District Judge Taylor B. McNeel on 7/25/22. ***Attorneys should use the newly assigned district judge’s initials of HSO with case number as 1:22cv113 HSO-RPM on all future filed pleadings*** (RLW) (Entered: 07/25/2022) |
Order denying motion to excuse States from having local counsel, August 5, 2022
Colville order denying no-assoc mo 8 5
Amended complaint, August 24, 2022
Opposition to motion to dismiss, August 24, 2022
US motion to dismiss first amended complaint, and memorandum, September 23, 2022
Opposition to motion to dismiss, November 21, 2022
US rebuttal, and errata, December 15 and 16, 2022
Colville US dism reply 12 15 22
Colville US dism reply errata 12 16 22
Order on motion to dismiss, March 28, 2023
Arizona voluntary dismissal, April 21, 2023
Answer, May 11, 2023
Click to access 10517329589.pdf
NAACP motion and memo to intervene, May 11, 2023
Click to access colville-naacp-mo-interv-5-11-23.pdf
Click to access colville-naacp-ms-interv-5-11-23.pdf
Scheduling order, plaintiffs to file by 6/9, May 25, 2023
Click to access 10517342655.pdf
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McCarran-Ferguson, antitrust …
Oscar Insurance Co. v. Blue Cross and Blue Shield of Florida, No. 19-14096 (11th Cir.)
District court decision, No. 6:18-cv-1944 (M.D. Fla., Sept. 20, 2019)
Oscar’s opening brief, Dec. 16, 2019
US amicus brief, Jan. 6, 2020
Blue Cross Blue Shield of Florida appellee brief, Feb. 18, 2020
Epstein et al amicus, Feb. 25, 2020
Harrington amicus, Feb. 25, 2020
Oscar’s reply brief, March 23, 2020
| 11/20/2020 | Oral argument held. Oral Argument participants were Makan Delrahim for Amicus Curiae USA, Seth Paul Waxman for Appellant Oscar Insurance Company of Florida and Evan R. Chesler for Appellees Blue Cross and Blue Shield of Florida, Inc., Florida Health Care Plan Inc. and Health Options Inc.. [Entered: 11/20/2020 12:08 PM] |
US additional authority (Congressional changes), January 15, 2021
11C US addl auth (Competitive Health Insurance Reform)
Order for supplemental briefing, January 15, 2021
Oscar supplemental brief, January 29, 2021
Blues supplemental brief, February 12, 2021
Joint motion to dismiss appeal, February 19, 2021
Order dismissing appeal, February 24, 2021
McCarran Ferguson changes, H.R. 1418 (passed House 9/21/20, passed Senate 12/22/20), Pub. L. 116-327
Anchorage Intervention 2020 analysis 7.22.20
THE TEXAS PROXY VOTING NIHILISM CASE
Texas v. Garland, No. 5:23-cv-34 (N.D. Tex., filed Feb. 15, 2023)
Complaint
Amended complaint, February 15, 2023
TX proxy amended complaint 2 15 23
US motion and memo to transfer venue, February 27, 2023
US motion and memo to stay, March 2, 2023
Partial stay order, March 6, 2023
Nihilism partial stay order 3 6 23
Opposition to transfer, March 20, 2023
Reply supporting transfer, with appendix, April 3, 2023
Nihilism transfer reply 4 3 23
Nihilism transfer reply appendix 4 3 23
Texas motion and memo for preliminary injunction, April 4, 2023
US motion and memo for stay, April 6, 2023
10 Members of Congress amicus, April 11, 2023
Nihilism 10 Members amicus 4 11 23
Order denying stay, April 17, 2023
Nihilism order denying stay 4 17 23
US motion to dismiss and opposition to preliminary injunction, May 4, 2023
Click to access nihilism-us-mo-dism-5-4-23.pdf
Click to access 177115979036.pdf
| 10 Members of Congress amicus, May 10, 2023https://affordablecareactlitigation.files.wordpress.com/2023/05/177115990568.pdf |
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McCarthy v. Pelosi, No. 20-5240 (D.C. Cir., July 20, 2021)
CRUISE SHIPS
Florida v. Becerra, No. 8:21-cv-839 (M.D. Fla., filed April 8, 2021)
Complaint, including exhibits
Alaska intervention paperwork, April 20, 2021
THE MEDICAID EPSDT MEDICAL NECESSITY CASE
W.B. v. Marstiller, No. 3:21-cv-771 (M.D. Fla., filed August 6, 2021)
Complaint
Motion for class certification, August 6, 2021
W.B. preliminary injunction motion, August 6, 2021
A.W. preliminary injunction motion, August 6, 2021
Order requiring supplemental filing, August 9, 2021
Plaintiffs’ notice of filing exhibits re class certification, August 10, 2021
H.W. notice of filing exhibits 8 11 21
Plaintiffs’ supplemental preliminary injunction memo, August 11, 2021
[]
Florida motion to dismiss, September 30, 2021
Florida opposition to class certification, September 30, 2021
Plaintiffs’ reply supporting class certification, October 19, 2021
WB reply supporting class cert 10 19
Plaintiffs’ opposition to motion to dismiss, October 29, 2021
Defendants’ reply supporting motion to dismiss, November 23, 2021
[]
| 10/24/2022 | Case Stay Lifted. (AET) (Entered: 10/24/2022) |
Joint motion to stay, January 19, 2023
Stay order, January 20, 2023
Status report re mediation, April 6, 2023
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DEFINING A PUBLIC HEALTH EMERGENCY CASE
Texas and Oklahoma v. U.S. D.H.H.S., No. 4:23-cv-66 (N.D. Tex., filed Jan. 18, 2023)
Complaint
McCray motion to intervene, motion for class certification, proposed complaint, February 10, 2023
WHO McCray motion to intervene 2 10 23
WHO McCray class cert mo 2 10 23
WHO McCray class action complaint 2 10 23
US opposition to intervention, March 3, 2023
Texas Oklahoma opposition to intervention, March 3, 2023
McCray replies supporting intervention, March 12, 2023
WHO McCray interv reply US 3 12 23
WHO McCray interv reply TX OK 3 12 23
US motion and memo to dismiss, March 27, 2023
McCray opposition to US motion to dismiss, March 31, 2023
A DEBT CEILING CASE
National Ass’n of Government Employees v. Yellen, No. 1:23-cv-11001 (D. Mass., filed 5/8/23)
Complaint
Click to access 095111703040.pdf
Emergency motion for preliminary injunction, with exhibit, May 19, 2023
Click to access nage-v-y-pi-ms-5-19-23.pdf
Click to access nage-v-y-pi-ms-ex-a-5-19-23.pdf
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Affordable Care Act Litigation 