No. 18-1028
Vide 18-1023, 18-1038
 
Title: Moda Health Plan, Inc., Petitioner
v.
United States
Docketed: February 6, 2019
Lower Ct: United States Court of Appeals for the Federal Circuit
   Case Numbers: (2017-1994)
   Decision Date: June 14, 2018
Rule 12.4
   Rehearing Denied: November 6, 2018
Questions Presented
 
Proceedings and Orders
Feb 04 2019 Petition for a writ of certiorari filed. (Response due March 8, 2019)
Feb 21 2019 Blanket Consent filed by Petitioners, Moda Health Plan, Inc., et al..
Feb 25 2019 Motion to extend the time to file a response from March 8, 2019 to April 8, 2019, submitted to The Clerk.
Feb 27 2019 Motion to extend the time to file a response is granted and the time is extended to and including April 8, 2019.
Mar 08 2019 Brief amicus curiae of America's Health Insurance Plans filed.
Mar 08 2019 Brief amici curiae of 18 States and the District of Columbia filed.
Mar 08 2019 Brief amicus curiae of National Association of Insurance Commissioners filed.
Mar 08 2019 Brief amici curiae of Highmark Inc., et al. filed.
Mar 08 2019 Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Mar 08 2019 Brief amici curiae of Economists, et al. filed. VIDED
Mar 08 2019 Brief amicus curiae of Blue Cross Blue Shield Association filed. VIDED
Mar 08 2019 Brief amicus curiae of The Association for Community Affiliated Plans filed.
Mar 08 2019 Amicus brief of 18 States and the District of Columbia not accepted for filing. (Corrected version submitted)
Mar 29 2019 Motion to extend the time to file a response from April 8, 2019 to May 8, 2019, submitted to The Clerk.
Apr 01 2019 Motion to extend the time to file a response is granted and the time is further extended to and including May 8, 2019.
May 08 2019 Brief of respondent United States in opposition filed. VIDED.
May 28 2019 DISTRIBUTED for Conference of 6/13/2019.
May 28 2019 Reply of petitioners Moda Health Plan, Inc., et al. filed. (Distributed)
Jun 17 2019 DISTRIBUTED for Conference of 6/20/2019.
Jun 24 2019 Petition GRANTED. The petitions for writs of certiorari in No. 18-1023 and No. 18-1038 are granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Jun 24 2019 Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 18-1023. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 18-1023. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” (July 17, 2019)
Sep 13 2019 SET FOR ARGUMENT on Tuesday, December 10, 2019. VIDED.
Oct 23 2019 Record requested from the U.S.C.A. Federal Circuit.
Oct 25 2019 CIRCULATED
Nov 05 2019 Record from the U.S.C.A. Federal Circuit is electronic and located on Pacer.
Dec 10 2019 Argued. For petitioners: Paul D. Clement, Washington, D. C. For respondent: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. VIDED.
Apr 27 2020 Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Kagan, and Kavanaugh, JJ., joined, and in which Thomas and Gorsuch, JJ., joined as to all but Part III–C. Alito, J., filed a dissenting opinion. VIDED.
May 29 2020 JUDGMENT ISSUED.
Attorneys
Attorneys for Petitioners
Paul D. Clement
Counsel of Record
Clement & Murphy, PLLC
706 Duke Street
Alexandria, VA 22314

PAUL.CLEMENT@CLEMENTMURPHY.COM
Ph: (202) 742-8900
Party name: Moda Health Plan, Inc., et al.


Attorneys for Respondents
Noel John Francisco
Counsel of Record
Jones Day
51 Louisiana Avenue, NW
Washington, DC 20001

NJFRANCISCO@JONESDAY.COM
Ph: (202) 879-3939
Party name: United States


Other Attorneys
K. Lee Blalack II
O'Melveny & Myers, LLP
1625 Eye Street, NW
Washington, DC 20006

lblalack@omm.com
Ph: 202-383-5374
Party name: Blue Cross Blue Shield Association


Benjamin Noah Gutman
Oregon Department of Justice
1162 Court Street NE
Salem, OR 97301

benjamin.gutman@doj.oregon.gov
Ph: 503-378-4402
Party name: 18 States and the District of Columbia


William Lewis Roberts
Faegre Baker Daniels LLP
2200 Wells Fargo Center
90 South 7th Street
Minneapolis, MN 55402

william.roberts@faegrebd.com
Ph: 612-766-7508
Party name: The Association for Community Affiliated Plans


Andrew H. Schapiro
Quinn Emanuel Urquhart & Sullivan, LLP
191 N. Wacker Street, Suite 2700
Chicago, IL 60606

ANDREWSCHAPIRO@QUINNEMANUEL.COM
Ph: 312-705-7403
Party name: Economists M. Kate Bundorf; Scott Harrington; Michael Chernew; Leemore S. Dafny; Thomas G. McGuire; Mark V. Pauly; Kosali Simon


Pratik Arvind Shah
Akin Gump Strauss Hauer & Feld, LLP
2001 K Street N.W.
Washington, DC 20006

PSHAH@AKINGUMP.COM
Ph: 202-887-4000
Party name: America's Health Insurance Plans


Lawrence S. Sher
Reed Smith LLP
1301 K Street, NW Suite 1000 - East Tower
Washington, DC 20005

lsher@reedsmith.com
Ph: (202) 414-9200
Party name: Highmark Inc., Blue Cross and Blue Shield of Kansas City, Blue Cross and Blue Shield of Vermont, Blue Cross of Idaho Health Service, Inc., Molina Healthcare of California, Inc., and L.A. Care Health Plan


Derek T. Teeter
Husch Blackwell LLP
4801 Main Street, Suite 1000
Kansas City, MO 64112

derek.teeter@huschblackwell.com
Ph: 816-983-8000
Party name: National Association of Insurance Commissioners


Paul J. Zidlicky
Sidley Austin LLP
1501 K Street, NW
Washington, DC 20005

pzidlicky@sidley.com
Ph: 202-736-8000
Party name: Chamber of Commerce of the United States of America