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Issue / Topic: Health Care Affordability

Cost Containment

As health care prices continue to grow unabated in the commercial market, millions of Americans face premium increases and greater exposure to out-of-pocket costs through deductibles, co-insurance, and other expenses. Such commercial prices paid to providers are far higher and have been rising more quickly than the prices paid by public health insurance programs, like Medicare. Various policy initiatives under consideration could help address this dynamic, while certain actions (including litigation) by the health care industry could further worsen the problem.

Tracker Trends
Trends Overview ›
340B Program21
Equity54
  • Affordable Care Act (Section 1557)27
Federal Health Funding61
  • Funding Termination/Cuts32
  • Health Information2
  • Indirect Cost Rate Cuts7
  • Medicaid12
  • Reproductive Health12
Health Care Affordability64
  • Anticompetitive Practices29
    • Anticompetitive Contracting10
    • Insurer Practices6
    • Provider Consolidation11
  • Cost Containment15
  • Medical Debt4
  • Site-Neutral Payments9
  • Staffing Standards7
Medicare Advantage38
  • Artificial Intelligence2
  • Coding Practices10
  • Coverage Denials6
  • Enrollment Practices1
  • Star Ratings21
Prescription Drug Pricing43
  • Drug Specific Access Laws5
  • Drug Transparency Laws2
  • Medicare Drug Price Negotiation24
  • Prescription Drug Affordability Boards4
  • Price Gouging Laws7
Private Health Insurance115
  • Affordable Care Act46
    • Copay Accumulators3
    • Employer Mandate2
    • Marketplace Rules11
    • Non-ACA Coverage12
    • Preventive Services16
  • Artificial Intelligence1
  • Ghost Networks7
  • No Surprises Act59
    • Arbitration Awards/Conduct40
    • Arbitration Regulations10
    • Constitutional Challenges5
    • Qualifying Payment Amount5
Reproductive Health54
  • EMTALA7
  • Federal Health Funding12
  • HIPAA Privacy Protections5
  • Medication Abortion18
  • Right to Travel7
Transparency and Quality9
15 tracked cases

New cases tracked in the last 12 months

0 Nov
0 Dec
1 Jan
0 Feb
1 Mar
1 Apr
0 May
0 Jun
0 Jul
0 Aug
0 Sep
0 Oct
Sub Issues
  • Overview
  • Anticompetitive Practices (29)
  • Cost Containment (15)
  • Site-Neutral Payments (9)
  • Staffing Standards (7)
  • Medical Debt (4)

Litigation trends for Cost Containment

Spotlight

Key quotes shaping this topic

“Indeed, to hold that an administrator like BCBSM insulates itself from ERISA liability because a contract governs its relationship with its customer would 'gut ERISA’s fiduciary provisions.'”

Tiara Yachts, Inc. v. Blue Cross Blue Shield of Michigan

Sixth Circuit, 2025

Who's Suing

Plaintiff by Type

Who's Being Sued

Defendant by Type

Who's Suing

Plaintiff by Type

Who's Being Sued

Defendant by Type

Key Dates

Important dates in Cost Containment cases

October 31, 2026 | Wesco Inc. et al. v. Blue Cross Blue Shield of Michigan

Discovery Deadline

December 29, 2026 | Tiara Yachts Inc. v. Blue Cross Blue Shield of Michigan

Plaintiff's Expert Reports Due

Legal Issues

Statutes & Doctrines Cited

Legal Issues

Statutes & Doctrines Cited

Geographic Trends

9 active district courts

5 active circuit courts

  • 1st Circuit
  • 2nd Circuit
  • 3rd Circuit
  • 4th Circuit
  • 5th Circuit
  • 6th Circuit
  • 7th Circuit
  • 8th Circuit
  • 9th Circuit
  • 10th Circuit
  • 11th Circuit
  • D.C. Circuit
  • Fed. Circuit

Not shown: Puerto Rico (First Circuit), the U.S. Virgin Islands (Third Circuit), and Guam and the Northern Mariana Islands (Ninth Circuit).

Court Level

Appellate District
5 (33%) 10 (67%)

Status

Who's Presiding

District Court Cases by Appointing President

Reflects district court judges only.

All trend data is based solely on the cases on this website; if you want to recommend a new case to include, please let us know at hpli@georgetown.edu.

Cost Containment Cases We're Tracking

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26-1620

Navarro et al. v. Wells Fargo & Company

Filed:
April 1, 2026
Status
Briefing is ongoing
Court
Eighth Circuit
Goal
Award restitution +4 additional goal(s)
  • Health Care Affordability
  • Cost Containment

8:19-cv-02105

Doe et al. v. Bonta et al.

Filed:
November 1, 2019
Status
Decision issued
Court
California Central — Southern
Goal
Block enforcement of a law +1 additional goal(s)
  • Health Care Affordability
  • Cost Containment

1:22-cv-00603

Tiara Yachts Inc. v. Blue Cross Blue Shield of Michigan

Filed:
July 1, 2022
Status
Briefing is ongoing

Motion to Dismiss Denied

Court
Michigan Western — Southern
Goal
Award damages +2 additional goal(s)
  • Health Care Affordability
  • Cost Containment

24-01223

Tiara Yachts, Inc. v. Blue Cross Blue Shield of Michigan

Filed:
March 20, 2024
Status
Decision issued
Court
Sixth Circuit
Goal
Award damages +2 additional goal(s)
  • Health Care Affordability
  • Cost Containment

1:23-cv-05221

United Healthcare Services Inc. et al. v. Hospital Physician Services Southeast P.C. et al.

Filed:
November 13, 2023
Status
Case Dismissed
Court
Georgia Northern — Atlanta
Goal
Declaration that ERISA and the Supremacy Clause preempt defendants’ non-contractual state-law claims
  • Health Care Affordability
  • Cost Containment

1:26-cv-00895

Wesco Inc. et al. v. Blue Cross Blue Shield of Michigan

Filed:
March 25, 2026
Status
Briefing is ongoing

Motion to Dismiss Denied

Court
Michigan Western — Southern
Goal
Award damages +3 additional goal(s)
  • Health Care Affordability
  • Cost Containment

26-1107

Lewandowski et al. v. Johnson & Johnson et al.

Filed:
January 16, 2026
Status
Briefing is ongoing
Court
Third Circuit
Goal
Award damages +5 additional goal(s)
  • Health Care Affordability
  • Cost Containment

4:17-cv-00016

Dialysis Patient Citizens et al. v. Burwell et al.

Filed:
January 6, 2017
Status
Case stayed
Court
Texas Eastern — Sherman
Goal
Block enforcement of an agency action +1 additional goal(s)
  • Health Care Affordability
  • Cost Containment

24-03654, 24-03655, 24-03700

Doe et al. v. Bonta et al.

Filed:
June 11, 2024
Status
Decision issued
Court
Ninth Circuit
Goal
Block enforcement of a law +1 additional goal(s)
  • Health Care Affordability
  • Cost Containment

3:24-cv-00671

Lewandowski v. Johnson and Johnson et al.

Filed:
February 5, 2024
Status
Appeal Filed
Court
New Jersey
Goal
Award damages +3 additional goal(s)
  • Health Care Affordability
  • Cost Containment

0:24-cv-03043

Navarro et al. v. Wells Fargo & Company et al.

Filed:
July 30, 2024
Status
Appeal Filed
Court
Minnesota — Third
Goal
Award restitution +4 additional goal(s)
  • Health Care Affordability
  • Cost Containment

1:25-cv-02097

Stern et al. v. JPMorgan Chase & Co. et al.

Filed:
March 13, 2025
Status
Briefing is ongoing

Motion to Dismiss Granted in Part

Court
New York Southern
Goal
Block unlawful practices +6 additional goal(s)
  • Health Care Affordability
  • Cost Containment
Inactive Case

4:22-cv-00014

Cansler v. University Health Systems of Eastern Carolina, Inc. et al.

Filed:
February 18, 2022
Status
Case dismissed
Court
North Carolina Eastern
Goal
Certify class +2 additional goal(s)
  • Health Care Affordability
  • Cost Containment
Inactive Case

23-1458

Cansler v. University Health Systems of Eastern Carolina, Inc. et al.

Filed:
April 27, 2023
Status
Case dismissed
Court
Fourth Circuit
Goal
Certify class +2 additional goal(s)
  • Health Care Affordability
  • Cost Containment
Inactive Case

3:24-cv-00379

Mississippi Association of Health Plans, Inc. v. Chaney

Filed:
June 28, 2024
Status
Case dismissed
Court
Mississippi Southern — Northern
Goal
Block enforcement of a law +1 additional goal(s)
  • Health Care Affordability
  • Cost Containment

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