No. 25-447

Mark Schena v. United States

Lower Court: Ninth Circuit
Docketed: 2025-10-14
Status: Pending
Type: Paid
Response RequestedResponse Waived Experienced Counsel
Tags: compensation-scheme criminal-liability healthcare-referral kickback-statute medical-marketing statutory-interpretation
Key Terms:
JusticiabilityDoctri
Latest Conference: 2025-11-21
Question Presented (from Petition)

Whether paying a healthcare marketer a commission when a physician independently makes a patient referral and receives none of the compensation qualifies as "remuneration . . . to induce a referral" under the Eliminating Kickbacks in Recovery Act, 18 USC § 220(a)(2)(A).

Question Presented (AI Summary)

Whether paying a healthcare marketer a commission when a physician independently makes a patient referral and receives none of the compensation qualifies as 'remuneration . . . to induce a referral' under the Eliminating Kickbacks in Recovery Act, 18 USC § 220(a)(2)(A)

Docket Entries

2026-02-13
Brief of respondent United States in opposition filed.
2026-01-07
Motion to extend the time to file a response is granted and the time is further extended to and including February 13, 2026.
2026-01-06
Motion of United States for an extension of time submitted.
2026-01-06
Motion to extend the time to file a response from January 14, 2026 to February 13, 2026, submitted to The Clerk.
2025-12-15
Motion to extend the time to file a response is granted and the time is extended to and including January 14, 2026.
2025-12-11
Motion of United States for an extension of time submitted.
2025-12-11
Motion to extend the time to file a response from December 15, 2025 to January 14, 2026, submitted to The Clerk.
2025-11-14
Response Requested. (Due December 15, 2025)
2025-11-05
DISTRIBUTED for Conference of 11/21/2025.
2025-10-30
Waiver of United States of right to respond submitted.
2025-10-30
Waiver of right of respondent United States to respond filed.
2025-10-09
Petition for a writ of certiorari filed. (Response due November 13, 2025)

Attorneys

Mark Schena
James Reid SigelDavis Wright Tremaine LLP, Petitioner
United States
D. John SauerSolicitor General, Respondent