| 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 | |
| Date | Proceedings and Orders |
| Jan 26 2022 | Petition for a writ of certiorari filed. (Response due March 2, 2022) |
| PetitionAppendixCertificate of Word CountProof 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 DocumentProof 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 DocumentProof 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 DocumentProof of ServiceCertificate of Word Count | |
| May 03 2022 | Brief of respondent United States in opposition filed. |
| Main DocumentCertificate 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 DocumentCertificate of Word CountProof 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 DocumentCertificate of Word CountProof of Service | |
| Aug 26 2022 | Joint appendix filed. (Statement of costs filed) |
| Main DocumentProof of Service | |
| Sep 02 2022 | Brief amicus curiae of Taxpayers Against Fraud Education Fund filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 02 2022 | Brief amicus curiae of Brutus Trading, LLC filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 17 2022 | Brief of respondent United States filed. |
| Main DocumentProof of Service | |
| Oct 17 2022 | Brief of respondent Executive Health Resources, Inc. filed. |
| Main DocumentCertificate of Word CountProof 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 DocumentProof of Service | |
| Oct 24 2022 | Brief amicus curiae of Advanced Medical Technology Association filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 24 2022 | Brief amicus curiae of Washington Legal Foundation filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 24 2022 | Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 24 2022 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. |
| Main DocumentCertificate of Word CountProof 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 DocumentCertificate of Word CountProof 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 |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Daniel L. Geyser Counsel of Record | Haynes and Boone, LLP 2323 Victory Avenue, Ste. 700 Dallas, TX 75219 daniel.geyser@haynesboone.com | 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 | 202-662-5435 |
| Party name: Executive Health Resources, Inc. | ||
| Elizabeth B. Prelogar Counsel of Record | United States Department of Justice
950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SUPREMECTBRIEFS@USDOJ.GOV | 202-514-2217 |
| Party name: United States of America | ||
| Other | ||
| Jeffrey S. Bucholtz Counsel of Record | King & Spalding LLP 1700 Pennsylvania Ave. NW Washington, DC 20006 jbucholtz@kslaw.com | 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 | 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 | 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 | 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 | (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 | 202-887-3731 |
| Party name: Pharmaceutical Research and Manufacturers of America | ||