Miscellaneous ACA Litigation

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.

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.”


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

Texas v US SJ response xt-1

Government request for extension of time, 5/4/17

Texas v US SJ xt 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

TX KS LA sj reply

Government SJ reply, 7/13/17

us x mo sj reply

Order re oral argument, 9/29/17

OA continuance motion, 10/2/17

OA continuance mo

OA rescheduling order, 10/2/17

OA rescheduling order

OA renewed continuance motion, 10/3/17

OA renewed continuance mo

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

Order 3 15

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

5C stay order

Texas reply supporting reconsideration, 6/25/2018

Texas v US recon reply

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’ op to stay

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

order setting deadlines

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)
States’ notice of interlocutory appeal, 10/19/2018
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)
Fifth Circuit status report, 11/14/2018
Proposal for protective order, 11/19/2018
Fifth Circuit status report, 12/14/2018
Fifth Circuit status report, 4/25/2019
Texas v. U.S., No. 4:18-cv-779 (N.D. Tex.)
Complaint, 9/20/2018
Notice of related case, 9/20/2018
TRO memo, 9/21/2018
TRO appendix, 9/21/2018
Transfer order, 9/21/2018
TRO deadlines order, 9/22/2018

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

Case 2 joint motion for stay

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

Texas Kansas Louisiana 2 stay

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

5C status report 2 13 19

Case 2 joint status report, 2/19/2019

Case 2 status report 2 19 19

Case 1 joint status report, 3/1/2019

TKL joint status report 3 1 19

Order setting hearing for 3/6, 3/1/2019

TKL OA order

Scheduling order, 3/7/2019

TKL scheduling order

Fifth Circuit status report, 3/26/2019

5C TKL status report 3 26 19

Administrative closure, 3/28/2019

TKL admin closure

Case 2 Wisconsin unopposed motion to dismiss itself, 5/15/2019

TKL 2 wisconsin dism mo

Case 2 status report, 5/20/2019

TKL 2 status 5 20 19

Case 2 order dismissing out Wisconsin, 5/24/2019

Order dismissing Wisconsin

Fifth Circuit status report, 5/28/2019

Document 34

Joint pretrial order, 5/29/2019

TKL joint pretrial

Order cancelling trial, 5/30/2019

TKL order cancelling trial

Joint status report, 6/7/2019

TKL joint status report 6 7 19

Order scheduling further briefing on interest, 6/7/2019

TKL scheduling order 6 7 19

Supplemental joint status report, 6/19/2019

TKL supp joint status 6 19 19

Motion for prejudgment interest, 6/19/2019

TKL states motion for interest

Fifth Circuit status report, 6/[27]/2019

Document 51

US opposition to pre and post judgment interest, 7/1/2019

TKL US op to interest

States’ reply, 7/12/2019

TKL interest reply

Order denying motion for interest, 7/19/2019

Order denying motion for interest

Proposed final judgment, 7/29/2019

proposed final judgment

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

5C TKL status report 7 29 19

Briefing schedule order, 7/30/2019

TKL stay execution briefing schedule

Final judgment, 7/30/2019

TKL final judgment 7 30 19

Stay order, 7/30/2019

TKL stay order

US motion to stay execution, 8/12/2019

US motion to stay execution

Case 2 status report, 8/19/2019

TKL 2 status 8 19 19

Fifth Circuit joint status report, 8/28/2019

Document 72

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

TKL US execution stay reply

US notice of appeal, September 26, 2019

TKL US notice of appeal 9 26 19

Fifth Circuit joint status report, 9/27/19

5C TKL status report 9 27 19

Notice of cross-appeal, 9/30/19

TKL cross appeal

Fifth Circuit joint status report, 10/4/19

5C joint status report 10 4 19

Fifth Circuit ‘briefing resumed’ notice, 10/11/19

5C briefing resumed notice

US opening brief, 11/20/19

5C US appellant brief

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

5C AHIP amicus

Plaintiffs’ appellee brief, 1/29/20

5C appellees brief

Wisconsin letter brief, 1/29/20

5C Wisconsin partial adoption of appellee brief

US reply/response brief, 2/28/20

5C US response reply brief

Texas Kansas Louisiana reply brief, 3/20/20

5C pltf xap reply

Wisconsin notice/motion re nonparticipation in oral argument, 4/27/20

5C Wis notice nonparticip oa

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

5C US addl auth resp

Opinion, 7/31/2020

5C TKL opinion

Case 2 joint status report, 8/17/2020

TKL 2 status 8 17 20

Case 2 status report order, 8/18/2020

TKL 2 status order 8 18 20

Texas petition for rehearing en banc, 9/14/2020

5C TKL pet rheb

Order for response, 10/5/2020

5C request for rheb response

Unopposed US request for extension to file response, 10/6/2020

5C unop us rheb response xt

Order setting response deadline at 11 16, 10/7/2020

5C order xt rheb op

Joint status report in second case, 10/14/2020

TKL2 joint status 10 14 20

US opposition to petition for rehearing en banc, 11/9/2020

5C US rheb op

Unopposed motion to file reply/reply, 11/13/2020

5C rheb reply

US opposition to motion to file reply, 11/14/2020

5C US op rheb reply

Opinion on panel rehearing, 2/12/2021

5C rehearing opinion 2 12 21

Judgment after rehearing, 2/12/2021

5C rehearing judgment

Order denying rehearing en banc, with dissent, 4/9/2021

5C TKL en banc denial with dissent

Order for status report, 4/9/2021

TKL order for joint status

Joint status report, 4/15/2021

TKL joint status 4 15 21

Order for continued stay, 4/16/2021

TKL order for stay

Unopposed motion to stay mandate, 4/16/2021

5C TKL unopposed mo stay mandate

Order delaying issuance of mandate, April 19, 2021

5C order delaying mandate

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.


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)

031920zr_d1o3 6 22 20


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

DCC US Chamber amicus

US appellee brief, August 14, 2020

DCC US appellee brief

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

DCC US resp AHA addl auth

AHA additional authority (Executive Order), September 25, 2020

DCC AHA addl auth exec order

Appellants’ emergency motion for stay, December 21, 2020

DCC emergency mo stay

US opposition to emergency motion for stay, December 23, 2020

DCC US stay op

Reply supporting stay, December 24, 2020

DCC emergency stay reply

D.C. Circuit opinion, December 29, 2020


Order denying stay as moot, December 29, 2020

DCC order denying stay as moot


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)


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

DCC AHA 340b pet OB

Answering brief, Sept. 24, 2019

DCC AHA answering br

Reply brief, Oct. 15, 2019

DCC AHA 340B pet RB

D.C. Circuit opinion

American Hospital Association v Azar

Petition for rehearing en banc, Sept. 14, 2020

DCC AHA 340B pet rheb

Rehearing en banc denial order, Oct. 16, 2020

DCC AHA 340B rheb denial

Cert petition, Dec. 10, 2020, No. 20-1114

20210210132919703_No.__ PetitionForAWritOfCertiorari


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


District of Columbia/Bread for the City v. USDA, No. 1:20-cv-119 (D. D.C.)


Preliminary injunction opinion, order, March 13, 2020

DC Bread for the City PI


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

DCC unop mo dism moot

Order dismissing appeal, November 5, 2020

DCC dismissal

Notice of appeal, December 14, 2020


D.C. Circuit # 20-5371

US motion voluntarily to dismiss appeal, March 22, 2021

DCC US mo vol dism 3 22

Clerk’s order dismissing appeal, March 23, 2021

DCC clerk’s order dismissing 3 23

Mandate, March 23, 2021

DCC mandate 3 23 21


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

Order following stipulation

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

City of Seattle xt

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

Seattle notice vol dism

Dismissal order, March 5, 2021

Seattle dism order


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)



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















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

Sunset status 3 7

Order continuing stay, March 8, 2022

Sunset continued stay 3 8



Texas Medical Association v. U.S. D.H.H.S., No. 6:21-cv-425 (E.D. Tex., filed Oct. 28, 2021)


TMA No Surprises 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

MA Georgia amicus 12 17

Emergency Dep’t Practice Management Ass’n amicus, December 17, 2021

TMA Emergency Dept Practice Mgmt Assn amicus 12 17


Members of Congress amicus request, December 21, 2021

TMA Members of C amicus request 12 21

US opposition to amicus request, December 21, 2021

TMA US op to amicus 12 21



Association of Air Medical Services v. U.S. D.H.H.S., No. 1:21-cv-3031 (D. D.C., filed Nov. 16, 2021)


AAMS complaint 11 16 21

Motion for summary judgment, December 10, 2021


Joint scheduling proposal, December 14, 2021

AAMS joint briefing schedule proposal 12 14



American Medical Ass’n v. U.S. D.H.H.S., No. 1:21-cv-3231 (D. D.C., filed Dec. 9, 2021)


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)



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

Young dec

Raley dec

Golding dec



Colville v. Becerra, No. 1:22-cv-113 (S.D. Miss., filed May 5, 2022)


Colville complaint 5 5 22


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 v. BCBSFL order 9 20 19

Oscar’s opening brief, Dec. 16, 2019

11C Oscar OB

US amicus brief, Jan. 6, 2020

11C US amicus br

Blue Cross Blue Shield of Florida appellee brief, Feb. 18, 2020

11C BCBSFL appellee br

Epstein et al amicus, Feb. 25, 2020

11C Epstein amicus br

Harrington amicus, Feb. 25, 2020

11C Harrington amicus br

Oscar’s reply brief, March 23, 2020

11C Oscar RB

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

11C order for supp br

Oscar supplemental brief, January 29, 2021

11C Oscar supplemental brief

Blues supplemental brief, February 12, 2021

11C Blues supp br 2 12 21

Joint motion to dismiss appeal, February 19, 2021

11C joint mo dism

Order dismissing appeal, February 24, 2021

11C dismissal

McCarran Ferguson changes, H.R. 1418 (passed House 9/21/20, passed Senate 12/22/20), Pub. L. 116-327

H.R. 1418 enrolled

Anchorage Intervention 2020 analysis 7.22.20


Florida v. Becerra, No. 8:21-cv-839 (M.D. Fla., filed April 8, 2021)

Complaint, including exhibits

Florida v Becerra complaint

Alaska intervention paperwork, April 20, 2021

Alaska mo interv


W.B. v. Marstiller, No. 3:21-cv-771 (M.D. Fla., filed August 6, 2021)



Motion for class certification, August 6, 2021

W.B. class cert mo

W.B. preliminary injunction motion, August 6, 2021

W.B. pi mo

A.W. preliminary injunction motion, August 6, 2021

A.W. pi mo

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

Plaintiffs’ supp pi br


Florida motion to dismiss, September 30, 2021

WB FL mo dism 9 30

Florida opposition to class certification, September 30, 2021

WB class cert op 9 30

Plaintiffs’ reply supporting class certification, October 19, 2021

WB reply supporting class cert 10 19

Plaintiffs’ opposition to motion to dismiss, October 29, 2021

WB pltf dism op 10 29

Defendants’ reply supporting motion to dismiss, November 23, 2021

WB FL dism reply 11 23