No. 20-1200

Common Ground Healthcare Cooperative, On Behalf of Itself and All Others Similarly Situated v. United States

Lower Court: Federal Circuit
Docketed: 2021-03-01
Status: Denied
Type: Paid
Amici (1) Experienced Counsel
Tags: affordable-care-act contract-law cost-sharing-reduction cost-sharing-reduction-payments government-liability government-obligation mitigation-defense statutory-interpretation
Key Terms:
SocialSecurity Securities
Latest Conference: 2021-06-17
Related Cases: 20-1536 (Vide)
Question Presented (AI Summary)

Whether the United States may invoke a non-statutory mitigation defense to avoid the unambiguous requirement of section 1402 of the Patient Protection and Affordable Care Act to make cost-sharing reduction payments to insurers

Question Presented (OCR Extract)

QUESTION PRESENTED May the United States invoke a non-statutory mitigation defense to avoid the unambiguous requirement of section 1402 of the Patient Protection and Affordable Care Act (“ACA”) that the Government “shall make” cost-sharing reduction payments to insurers in set amounts? (i)

Docket Entries

2021-06-21
Petition DENIED.
2021-06-01
DISTRIBUTED for Conference of 6/17/2021.
2021-06-01
Reply of petitioners Common Ground Healthcare Cooperative, et al. filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
2021-04-30
Memorandum of respondent United States filed.
Main DocumentProof of Service
2021-04-01
Brief amici curiae of Anthem, Inc., Blue Cross of Idaho Health Service, Inc., Highmark Inc., L.A. Care Health Plan, and Molina Healthcare of California, Inc. filed.
Main DocumentProof of ServiceCertificate of Word Count
2021-03-23
Motion to extend the time to file a response is granted and the time is extended to and including April 30, 2021.
2021-03-22
Motion to extend the time to file a response from March 31, 2021 to April 30, 2021, submitted to The Clerk.
Main Document
2021-03-12
Blanket Consent filed by Petitioners, Common Ground Healthcare Cooperative, et al.
Blanket Consent
2021-02-24
Petition for a writ of certiorari filed. (Response due March 31, 2021)
PetitionCertificate of Word CountProof of Service

Attorneys

Anthem, Inc., Blue Cross of Idaho Health Service, Inc., Highmark Inc., L.A. Care Health Plan, and Molina Healthcare of California, Inc.
Lawrence S. Sher — Reed Smith LLP, Amicus
Lawrence S. Sher — Reed Smith LLP, Amicus
Common Ground Healthcare Cooperative, et al.
Kathleen Marie Sullivan — Quinn Emanuel Urquhart & Sullivan, LLP, Petitioner
Kathleen Marie Sullivan — Quinn Emanuel Urquhart & Sullivan, LLP, Petitioner
United States
Elizabeth B. Prelogar — Acting Solicitor General, Respondent
Elizabeth B. Prelogar — Acting Solicitor General, Respondent