ACA LITIGATION

ACA LITIGATION -- A SIX YEAR SUMMARY
ACTIONS, CONTRACT OR OTHERWISE, USING ACA OR RELATED STATUTES
ACA FEDERALISM CASES

CHALLENGES TO OBAMA ADMINISTRATION REGULATIONS
SELECTED CONTRACEPTION CASES

NATIONWIDE INJUNCTION MATERIALS





ACA LITIGATION -- A SIX YEAR SUMMARY





ACTIONS, CONTRACT OR OTHERWISE, USING ACA OR RELATED STATUTES

Condry v. United Health Group, Inc., No. 1:17-cv-183 (N.D. Cal.)

Complaint, January 13, 2017

Amended Complaint, March 10, 2017

Motion to Dismiss, April 14, 2017

Opposition to Motion to Dismiss, May 8, 2017

Reply supporting motion to dismiss, May 22, 2017

Order, August 15, 2017

Second amended complaint, September 5, 2017

Defendants' 1292(b) certification motion, September 14, 2017

Answer to second amended complaint, September 19, 2017

Plaintiffs' 1292(b) opposition, September 28, 2017

Defendants' 1292(b) reply, October 5, 2017

Order denying 1292(b) certification, November 7, 2017

Defendants' summary judgment memo, November 20, 2017

Plaintiffs' summary judgment opposition/cross motion, December 18, 2017

Defendants' reply/response, January 5, 2018

Defendants' motion to strike, January 5, 2018



Esparza v. University Medical Center Management Corp., No. 2:17-cv- 4803 (E.D. La.)

Order denying motion to dismiss, Sept. 5, 2017

Amended Order and Reasons, Oct. 24, 2017

Accepted Offer of Judgment, Oct. 25, 2017



Hartford Healthcare Corp. v. Anthem, No. 3:17-cv-1686 (D. Conn.)

Hartford Healthcare: Motion to dismiss amended complaint, October 23, 2017

Cases other than Mills cited in Hartford motion to dismiss
Association of NJ Chiropractors v. Horizon Healthcare Services, No. 3:16-cv-8400 (D. N.J.)
Opinion, June 13, 2017

In re Bradford, 534 B.R. 839 (2015)

Dominion Pathology Laboratories v. Anthem Health Plans of Virginia, No. 2:15-cv-152 (E.D. Va.)
Remand order, June 19, 2015

NY State Psychiatric Ass'n v. UnitedHealth Group, No. 1:13-cv-1599 (S.D. N.Y.)
Memorandum Order granting motion to dismiss, October 31, 2013

Second Circuit partial reversal and remand, No. 14-20 (August 20, 2015)

Dismissals, February 2, 2016

Hartford: Opposition to motion to dismiss amended complaint, October 31, 2017

Hartford: Decision, Nov. 1, 2017



Harvey v. Centene Corp., No. 2:18-cv-12 (E.D. Wash.)
Complaint, filed January 11, 2018


Centene-related consent order from Washington State, Dec. 15, 2017




Mills v. BlueCross BlueShield of TN, No. 3:15-cv-552 (E.D. Tenn.)

Memorandum Opinion and Order, January 9, 2017

Recon (BCBS),

Recon (plaintiff)



Prescott v. Rady Children's Hospital, No. 3:16-cv-2408 (S.D. Cal.)

Order on motion to dismiss, September 27, 2017

Amended complaint, October 12, 2017



ACA FEDERALISM CASES

Florida v. U.S., No. 3:10-cv-91 (N.D. Fla.), Order on Motion to Dismiss (Oct. 14, 2010)


Florida v. U.S., No. 3:10-cv-91 (N.D. Fla.), Order Granting Summary Judgment (Jan. 31, 2011)


Florida v. U.S., Nos. 11-11021/11067 (11th Cir.), Opinion (Aug. 12, 2011)


National Fed. of Indep. Business v. Sebelius, Nos. 11-393/398/400 (U.S., June 28, 2012)


Adams v. Comm. of Kentucky, No. 13-CI-605 (Franklin, Ky. Co. Circuit Court, Division 1, Sept. 3, 2013)


Ohio ex rel Cleveland Right to Life v. State of Ohio Controlling Board, 138 Ohio St.3d 57 (Dec. 20, 2013)


Mayhew v. Burwell, No. 14-1300 (1st Cir.), Opinion (Nov. 17, 2014)


Biggs v. Brewer, No. CV-14-0132-PR (Arizona), Opinion (Dec. 31, 2014)


Biggs v. Brewer, No. CV 2013-011699 (Maricopa Co. Superior Court), Opinion (Aug. 27, 2015)


Biggs v. Betlach, No. 1 CA-CV 15-0743 (Arizona App.), Opinion (March 16, 2017)


Biggs v. Betlach, No. CV-17-0130-PR (Arizona), Opinion (November 17, 2017)


Alaska Legislative Council v. Walker, No. 3AN-15-09208CI (Alaska Superior Court), Transcript of Decision (Aug. 28, 2015)


Alaska Legislative Council v. Walker, No. 3AN-15-09208CI (Alaska Superior Court), Summary Judgment Decision and Order (March 1, 2016)


Ohio v. U.S., No. 2:15-cv-321 (S.D. Ohio), Opinion (Jan. 5, 2016)

Ohio v. U.S., No. 16-3093 (6th Cir., Feb. 17, 2017)

Petition for rehearing en banc

Kansas amicus supporting

US response

Rehearing en banc denied, 5/26/17

Alaska Legislative Council v. Walker, No. 3AN-15-09208CI (Alaska Superior Court), Summary Judgment Decision and Order (March 1, 2016)


West Virginia v. U.S. D.H.H.S., No. 15-5309 (D.C. Circuit), Opinion (July 1, 2016)

Cert petition

Cert opposition

Cert reply

Cert denied, 4/17/17

Texas v. U.S., No. 7:15-cv-151 (N.D. Tex.), Memorandum Opinion and Order (August 4, 2016)

Government request for extension of time, 1/26/17

Government request for extension of time, 5/4/17

Plaintiffs' opposition to extension, 5/5/17

Order for extension, 5/16/17

Government SJ op/cross motion, 6/5/17

Plaintiffs' SJ reply/op, 6/23/17

Government SJ reply, 7/13/17

Order re oral argument, 9/29/17

OA continuance motion, 10/2/17

OA rescheduling order, 10/2/17

OA renewed continuance motion, 10/3/17

10/05/2017
80
ELECTRONIC ORDER granting 79 Motion to Continue. Motion Hearing set for 10/25/2017 09:00 AM in US Courthouse, Courtroom 2nd Floor, 501 W. 10th St. Fort Worth, TX 76102-3673 before Judge Reed C. O'Connor. (Ordered by Judge Reed C. O'Connor on 10/5/2017) (chmb) (Entered: 10/05/2017)
Supplemental briefing order, 11/1/2017

Plaintiffs' supplemental brief, 11/13/2017

Gov't supplemental brief, 11/22/2017

Plaintiffs' supplemental SJ brief, 11/27/2017


Berger v. Burwell, No. 5:17-cv-25 (E.D. N.C.), TRO (January 14, 2017)

Order, January 27, 2017

US op to PI/motion to dismiss, April 7, 2017

Pltf wdwl PI motion, April 17, 2017

Pltf op US mo dism, 4/28/2017

US reply supporting mo to dismiss, 5/12/2017

Voluntary dismissal, 7/20/2017


FEDERALISM CASES


Tennessee General Assembly v. U.S. Dep't of State, No. 1:17-cv-1040 (W.D. Tenn.), Complaint (March 13, 2017)


US amicus brief in Christie v. NCAA, Nos. 16-476/477 (May 23, 2017)



CHALLENGES TO OBAMA ADMINISTRATION REGULATIONS

AARP v. U.S. EEOC, No. 1:16-cv-2113 (D. D.C.), Memorandum Opinion (December 29, 2016)

Memorandum Opinion (August 22, 2017)

Order (August 22, 2017)

AARP motion to alter or amend judgment (August 30, 2017)

EEOC opposition (Sept. 11, 2017)

EEOC status report (Sept. 21, 2017)

AARP reply (Sept. 28, 2017)

Opinion invalidating regulation, 1/1/19 (Dec. 20, 2017)

Order (Dec. 20, 2017)



Complaint in The Religious Sisters of Mercy v. Burwell, No. 3:16-cv-386 (filed November 7, 2016)


Complaint in Catholic Benefits Ass'n v. Burwell, No. 3:16-cv-432 (filed December 28, 2016)


Franciscan Alliance v. Burwell, No. 7:16-cv-108 (N.D. Tex.), Order (December 31, 2016)

Order denying 24(a) intervention and stay (January 24, 2017)

US motion for voluntary remand and stay (May 2, 2017)

Plaintiffs' opposition to voluntary remand (May 4, 2017)

US voluntary remand reply (May 18, 2017)

Scheduling order (June 13, 2017)

Fifth Circuit action on putative intervenors' appeal (June 30, 2017)

Order re voluntary remand and stay (July 10, 2017)

US status report (August 4, 2017)

Status report order (August 16, 2017)

Status report (December 15, 2017)


North Dakota v. Burwell, No. 3:16-cv-386 (D. N.D.), US motion for voluntary remand/stay, May 26, 2017

Plaintiffs' request for additional stay, May 30, 2017

Plaintiffs' response to US motion for voluntary remand, June 9, 2017

US EEOC op to stay, June 13, 2017

Plaintiffs' reply in support of stay, June 20, 2017

US notice of supplemental authority, July 12, 2017

Stay but no remand order, August 24, 2017


Deference to 1557 regulations? Tovar v. Essentia Health, No. 16-3186 (8th Cir., May 24, 2017), slip op. at 13 & n.4 (Benton, J., concurring in part and dissenting in part)


1557 case: Esparza v. University Medical Center Management Corp., No. 2:17-cv-4803 (E.D. La., Sept. 5, 2017), Order Denying Motion to Dismiss

Amended Order and Reasons, Oct. 24, 2017

Accepted Offer of Judgment, Oct. 25, 2017


Prescott v. Rady Children's Hospital, No. 3:16-cv-2408 (Order on Motion to Dismiss, Sept. 27, 2017)

Prescott amended complaint, Oct. 12, 2017



Dialysis Patient Citizens v. Burwell, No. 4:17-cv-16 (E.D. Tex), TRO (January 12, 2017)

PI order, January 25, 2017

Consent motion to stay, June 22, 2017


see also Central United Life Insurance v. Burwell, No. 15-5310 (D.C. Cir., July 1, 2016)


American College of Emergency Physicians v. Price, No. 1:15-cv-913, Memorandum Opinion (D. D.C., Aug. 31, 2017)


Nevada v. U.S. Dep't of Labor, No. 4:16-cv-731 (E.D. Tex., Aug. 31, 2017)



SELECTED CONTRACEPTION CASES

Little Sisters of the Poor v. Price, No. 13-1540 (10th Cir.)
Plaintiffs-Appellants' status report, March 15, 2017

Government's response, March 16, 2017

Tenth Circuit order, March 16, 2017

Plaintiffs-Appellants' status report, May 15, 2017

Government's status report, May 15, 2017

Tenth Circuit order, May 17, 2017

Tenth Circuit order, July 25, 2017

Government's status report, September 12, 2017

Plaintiffs' status report, September 12, 2017

Order for status reports on November 13, September 13, 2017


East Texas Baptist University v. Price, No. 14-20112 (5th Cir.)
Status Report and Request to Recommence Litigation, April 20, 2017

US motion to continue abeyance, April 24, 2017

Univ Dallas motion to continue stay, April 24, 2017

East Texas Baptist opposition to continuing abeyance, April 25, 2017

Fifth Circuit extension order, April 28, 2017

US update, June 23, 2017

Fifth Circuit extension abeyance, June 26, 2017

US status report, August 22, 2017

Appellees' status report, August 22, 2017

Another month of abeyance order, August 23, 2017

US status report, September 21, 2017

U Dallas status report, September 21, 2017

ETB status report, September 21, 2017

Appellant's motion to dismiss appeal, October 6, 2017

ETB status report, October 27, 2017

ETB US status report, October 30, 2017


Wieland v. U.S. DHHS, No. 16-3831 (8th Cir.)
Appellant status report, June 30, 2017

Appellee response to status report, July 1, 2017

Court order for next status report, July 12, 2017

US status report, August 29, 2017

Status report order, September 6, 2017

US status report, October 30, 2017

Joint stip to dismiss appeal, November 13, 2017



Sharpe Holdings, 8th Cir., Govt motion to dismiss own appeal, October 6, 2017


Real Alternatives v. Sec.y, USDHHS, No. 16-1275 (3d Cir.)
Opinion, August 4, 2017



Religious contraception rule, October 6, 2017

Moral contraception rule, October 6, 2017


California

ACLU v. Wright, No. 3:17-cv-5772 (N.D. Cal.) [or: 4:17]
Complaint, October 6, 2017

Related to 5783 (below), November 6, 2017

California v. Wright, No. 3:17-cv-5783 (N.D. Cal.) [or: 4:17]
Complaint, October 6, 2017

Motion for preliminary injunction, November 9, 2017

Little Sisters motion to intervene, November 21, 2017

Govt op to PI, November 29, 2017

Pltfs op to LS interv, December 6, 2017

Little Sisters' proposed PI op, December 6, 2017

Pltfs PI reply, December 6, 2017, with declaration and ? FOIA info ?



March for Life EDF motion to intervene, December 8, 2017

Little Sisters interv reply, December 11, 2017

Preliminary injunction order, December 21, 2017

Plaintiffs' op to March for Life motion to intervene, December 22, 2017

Order allowing Little Sisters to intervene, December 29, 2017

March for Life request to expedite [?] its intervention motion, January 17, 2018


Massachusetts

Com. of Mass. v. Wright, No. 1:17-cv-11930 (D. Mass.)
Complaint, October 6, 2017

Amended complaint, November 16, 2017

Memo for summary judgment, November 17, 2017



Pennsylvania

Com. of Pennsylvania v. Trump, No. 2:17-cv-4540 (E.D. Pa.)
Complaint, October 11, 2017

PI memo, November 2, 2017

PI op, November 16, 2017

US motion to dismiss, November 16, 2017

Little Sisters interv memo, November 22, 2017

PI reply, November 27, 2017

ACLJ amicus, November 28, 2017

Calif Women Lawyers amicus, November 28, 2017

Massachusetts et al amicus, November 28, 2017

PA opposition to motion to dismiss, November 30, 2017

US dismissal reply, December 7, 2017

LS intervention reply, December 7, 2017

Order denying Little Sisters intervention, December 7, 2017

Govt motion in limine re administrative record, December 11, 2017

Plaintiff's op to motion in limine, December 13, 2017

Govt reply re motion in limine, December 13, 2017

Order denying motion in limine, December 13, 2017

Opinion granting PI, December 15, 2017

PI order, December 15, 2017

Little Sisters protective notice of appeal, December 15, 2017

Little Sisters appeal # 17-3752


Washington

Washington v. Trump, No. 2:17-cv-1510 (W.D. Wash.)
Complaint, October 9, 2017




Priests for Life stipulation, No. 13-5368 (D.C. Cir., Oct. 23, 2017)



NATIONWIDE INJUNCTION MATERIALS

Samuel L. Bray, "Multiple Chancellors: Reforming the National Injunction," UCLA School of Law, Public Law Research Paper No. 16-54. Available at SSRN: https://ssrn.com/abstract=2864175 or http://dx.doi.org/10.2139/ssrn.2864175 (February 9, 2017 draft).



Earth Island Institute v. Ruthenbeck, 490 F.3d 687, 699 (9th Cir. 2007), rev'd on other grounds sub nom. Summers v. Earth Island Institute, 555 U.S. 488 (2009)



Transcript of oral argument in Halbig v. Sebelius, No. 14-5018, at 66-69 (March 25, 2014)



Texas v. U.S., 809 F.3d 134, 187-88 (5th Cir. 2015), aff'd by an equally divided court, 136 S.Ct. 2271 (June 23, 2016)



Preliminary injunction order, NFIB v. Perez, No. 5:16-cv-66 (N.D. Tex., June 27, 2016)



Preliminary injunction order, Texas v. U.S., No. 7:16-cv-54 (N.D. Tex., August 21, 2016)


Motion/memo for partial stay pending appeal, Texas v. U.S., No. 16-11534 (5th Cir., November 23, 2016)


Opposition to partial stay pending appeal, Texas v. U.S., No. 16-11534 (5th Cir., December 5, 2016)


Reply supporting partial stay pending appeal, Texas v. U.S., No. 16-11534 (5th Cir., December 9, 2016)


Additional authorities opposing partial stay pending appeal, Texas v. U.S., No. 16-11534 (5th Cir., February 9, 2017)


Withdrawal of motion for partial stay pending appeal, Texas v. U.S., No. 16-11534 (5th Cir., February 10, 2017)



Order Granting Preliminary Injunction, Associated Builders and Contractors of SE Texas v. Ruug, No. 1:16-cv-425 (E.D. Tex., October 24, 2016)



Memorandum Opinion and Order, Nevada v. U.S. Dep't of Labor, No. 4:16-cv-731 (E.D. Tex., November 22, 2016)



Order, Franciscan Alliance v. Burwell, No. 7:16-cv-108 (N.D. Tex., December 31, 2016)



TRO, Washington v. Trump, No. 2:17-cv-141 (W.D. Wash, February 3, 2017)


Emergency motion for stay, Washington v. Trump, No. 17-35105 (9th Cir., filed February 4, 2017)

Order denying TRO, Louhghalam v. Trump, No. 1:17-cv-10154 (D. Mass., February 3, 2017) [does not get to nationwide issue]


Washington op to emergency motion, No. 17-35105 (9th Cir., filed February 6, 2017)


Reply supporting emergency motion for stay, Washington v. Trump, No. 17-35105 (9th Cir., filed February 6, 2017)


Order denying emergency stay, Washington v. Trump, No. 17-35105 (9th Cir., February 9, 2017)


Order granting TRO, State of Hawaii v. Trump, No. 1:17-cv-50 (D. Hawaii, March 15, 2017)



TRO, Northwest Immigrant Rights Project v. Sessions, No. 2:17-cv-716 (W.D. Wash., May 17, 2017)


Opinion, Int'l Refugee Assistance Project v. Trump, No. 17-1351 (4th Cir., May 25, 2017)


Application for stay and petition for cert, Trump v. IRAP (4th Cir.), June 1, 2017



Application for stay from Trump v. State of Hawaii (9th Cir.), June 1, 2017


Opinion, Hawaii v. Trump, No. 17-15589 (9th Cir.), June 12, 2017


City of Chicago v. Sessions, No. 1:17-cv-5720 (N.D. Ill.), Sept. 15, 2017

Order denying stay of nationwide application pending appeal, Oct. 13, 2017



County of Santa Clara v. Trump, No. 3:17-cv-574 (N.D. Cal.), Nov. 20, 2017




Regents v. Trump, No. 3:17-cv-5813 (N.D. Cal.), Jan. 9, 2018