No. 21-1052
 
Title: United States, ex rel. Jesse Polansky, M.D., M.P.H., Petitioner
v.
Executive Health Resources, Inc., et al.
Docketed: January 31, 2022
Lower Ct: United States Court of Appeals for the Third Circuit
   Case Numbers: (19-3810)
   Decision Date: October 28, 2021
Questions Presented
 
Proceedings and Orders
Jan 26 2022 Petition for a writ of certiorari filed. (Response due March 2, 2022)
Petition Appendix Certificate of Word Count Proof of Service
Feb 11 2022 Motion to extend the time to file a response from March 2, 2022 to April 1, 2022, submitted to The Clerk.
Main Document
Feb 14 2022 Motion to extend the time to file a response is granted and the time is extended to and including April 1, 2022.
Feb 18 2022 Motion of respondent Executive Health Resources Inc. to extend the time to file a response from March 2, 2022 to April 1, 2022, submitted to The Clerk.
Main Document Proof of Service
Feb 22 2022 Motion to extend the time to file a response is granted and the time is extended to and including April 1, 2022, for all respondents.
Mar 23 2022 Motion of the Solicitor General to extend the time to file a response from April 1, 2022 to May 3, 2022, submitted to The Clerk.
Main Document
Mar 23 2022 Motion of Executive Health Resources, Inc. to extend the time to file a response from April 1, 2022 to May 3, 2022, submitted to The Clerk.
Main Document Proof of Service
Mar 24 2022 The motions to extend the time to file a response are granted and the time is further extended to and including May 3, 2022, for all respondents.
May 03 2022 Brief of respondent Executive Health Resources, Inc. in opposition filed.
Main Document Proof of Service Certificate of Word Count
May 03 2022 Brief of respondent United States in opposition filed.
Main Document Certificate of Word Count
May 17 2022 DISTRIBUTED for Conference of 6/2/2022.
May 18 2022 Reply of petitioner United States, ex rel. Jesse Polansky, M.D., M.P.H. filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Jun 06 2022 DISTRIBUTED for Conference of 6/9/2022.
Jun 13 2022 DISTRIBUTED for Conference of 6/16/2022.
Jun 21 2022 Petition GRANTED.
Jul 28 2022 Blanket Consent filed by Petitioner, United States, ex rel. Jesse Polansky, M.D., M.P.H.
Blanket Consent
Jul 28 2022 Motion for an extension of time to file the briefs on the merits filed.
Main Document
Aug 03 2022 Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 26, 2022. The time to file respondents' brief on the merits is extended to and including October 17, 2022.
Aug 26 2022 Brief of petitioner United States, ex rel. Jesse Polansky, M.D., M.P.H. filed.
Main Document Certificate of Word Count Proof of Service
Aug 26 2022 Joint appendix filed. (Statement of costs filed)
Main Document Proof of Service
Sep 02 2022 Brief amicus curiae of Taxpayers Against Fraud Education Fund filed.
Main Document Certificate of Word Count Proof of Service
Sep 02 2022 Brief amicus curiae of Brutus Trading, LLC filed.
Main Document Certificate of Word Count Proof of Service
Oct 17 2022 Brief of respondent United States filed.
Main Document Proof of Service
Oct 17 2022 Brief of respondent Executive Health Resources, Inc. filed.
Main Document Certificate of Word Count Proof of Service
Oct 18 2022 SET FOR ARGUMENT on Tuesday, December 6, 2022.
Oct 21 2022 Motion for divided argument filed by the Solicitor General.
Main Document Proof of Service
Oct 24 2022 Brief amicus curiae of Advanced Medical Technology Association filed.
Main Document Certificate of Word Count Proof of Service
Oct 24 2022 Brief amicus curiae of Washington Legal Foundation filed.
Main Document Certificate of Word Count Proof of Service
Oct 24 2022 Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.
Main Document Certificate of Word Count Proof of Service
Oct 24 2022 Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Main Document Certificate of Word Count Proof of Service
Oct 25 2022 CIRCULATED.
Oct 28 2022 Record requested from the U.S.C.A. 3rd Circuit.
Nov 07 2022 Motion for divided argument filed by the Solicitor General GRANTED.
Nov 08 2022 The record from the U.S.C.A. 3rd Circuit has been electronically filed.
Nov 16 2022 Reply of petitioner United States, ex rel. Jesse Polansky, M.D., M.P.H. filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Dec 06 2022 Argued. For petitioner: Daniel L. Geyser, Dallas, Tex. For respondent United States: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent Executive Health Resources, Inc.: Mark W. Mosier, Washington, D. C.
Jan 05 2023 Record from the U.S.D.C.-Eastern District of Pennsylvania containing sealed materials received and filed electronically.
Jun 16 2023 Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Sotomayor, Gorsuch, Kavanaugh, Barrett, and Jackson, JJ., joined. Kavanaugh, J., filed a concurring opinion, in which Barrett, J., joined. Thomas, J., filed a dissenting opinion.
Jun 23 2023 Record returned to the U.S.D.C.-Eastern District of Pennsylvania (thumb drive containing sealed materials).
Jul 18 2023 Judgment issued.
Main Document
Attorneys
Attorneys for Petitioners
Daniel L. Geyser
Counsel of Record
Haynes and Boone, LLP
2323 Victory Avenue, Ste. 700
Dallas, TX 75219

daniel.geyser@haynesboone.com
Ph: 303-382-6219
Party name: United States, ex rel. Jesse Polansky, M.D., M.P.H.


Attorneys for Respondents
Mark W. Mosier
Counsel of Record
Covington & Burling, LLP
One CityCenter 850 Tenth Street, NW
Washington, DC 20001

mmosier@cov.com
Ph: 202-662-5435
Party name: Executive Health Resources, Inc.


Elizabeth B. Prelogar
Counsel of Record
Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SUPREMECTBRIEFS@USDOJ.GOV
Ph: 202-514-2217
Party name: United States of America


Other Attorneys
Jeffrey S. Bucholtz
Counsel of Record
King & Spalding LLP
1700 Pennsylvania Ave. NW
Washington, DC 20006

jbucholtz@kslaw.com
Ph: 202-626-2907
Party name: Chamber of Commerce of the United States of America, the American Health Care Association, and the American Hospital Association


Joshua John Fougere
Counsel of Record
Sidley Austin LLP
1501 K Street, NW
Washington, DC 20005

jfougere@sidley.com
Ph: 202-736-8729
Party name: Washington Legal Foundation


Douglas Harry Hallward-Driemeier
Counsel of Record
Ropes & Gray, LLP
2099 Pennsylvania Avenue, NW
Washington, DC 20006-6807

Douglas.Hallward-Driemeier@ropesgray.com
Ph: 202-508-4600
Party name: Advanced Medical Technology Association


Patrick Michael McSweeney
Counsel of Record
McSweeney, Cynkar & Kachouroff, PLLC
3358 John Tree Hill Road
Powhatah, VA 23139

patrick@mck-lawyers.com
Ph: 8049370895
Party name: Brutus Trading, LLC


Tejinder Singh
Counsel of Record
Sparacino PLLC
1920 L Street, NW
Suite 835
Washington, DC 20036

tejinder@sparacinopllc.com
Ph: (202) 629-3530
Party name: Taxpayers Against Fraud Education Fund


Lucas Cody Townsend
Counsel of Record
Gibson, Dunn & Crutcher LLP
1050 Connecticut Avenue, N.W.
Washington, DC 20036

ltownsend@gibsondunn.com
Ph: 202-887-3731
Party name: Pharmaceutical Research and Manufacturers of America