- Docket No.
- 4:22-cv-03805
- District Court
- Texas Southern
Goal
- Assign another arbitrator to re-hear dispute
- Vacate arbitration award
Issues
Case History
Litigation Content
Why this Matters
The plaintiff, an air ambulance provider, sued a health insurer and arbitration entity following the resolution of the No Surprises Act’s arbitration process—a process used to resolve payment disputes for surprise out-of-network bills between payers and out-of-network health care providers. The plaintiff argues that the arbitration award should be set aside and the dispute reheard due to unlawful misrepresentations and the application of an illegal presumption in favor of the qualifying payment amount. The No Surprises Act provides for strict limitations on the judicial review of arbitration awards to facilitate a swift and cost-efficient resolution of disputes between payers and providers.
Potential Impact
Drawing arbitration entities directly into burdensome lawsuits frustrates the intent of an efficient arbitration process to swiftly resolve disputes under the No Surprises Act in a cost-efficient manner.
48 Major Filings
- ORDER (May 8, 2024)
- UNOPPOSED MOTION FOR STAY PENDING APPEAL (May 6, 2024)
- NOTICE OF APPEAL (May 6, 2024)
- FINAL JUDGEMENT (Apr 10, 2024)
- ORDER Granting MOTION for Partial Reconsideration (Apr 9, 2024)
- PLAINTIFFS' REPLY IN SUPPORT OF MOTION (Mar 28, 2024)
- AETNA'S OPPOSITION TO MOTION TO PARTIALLY RECONSIDER DISMISSAL (Mar 21, 2024)
- KAISER'S OPPOSITION TO MOTION TO PARTIALLY RECONSIDER DISMISSAL AND CERTIFY DISMISSAL ORDER (Mar 21, 2024)
- ORDER (Mar 14, 2024)
- PLAINTIFFS' MOTION TO PARTIALLY RECONSIDER DISMISSAL AND CERTIFY DISMISSAL FOR APPEAL (Feb 15, 2024)
- NOTICE OF APPEAL (Feb 5, 2024)
- ORDER (Jan 5, 2024)
- Aetna SUPPLEMENTAL BRIEF (Nov 15, 2023)
- Kaiser Foundation Health Plan BRIEF on MOTION TO DISMISS (Nov 15, 2023)
- Medical Evaluators of Texas SUPPLEMENTAL BRIEF for MOTION TO DISMISS (Nov 15, 2023)
- Plaintiffs' SUPPLEMENTAL BRIEF on Defendants' MOTIONS TO DISMISS (Nov 15, 2023)
- MINUTE ENTRY (Jun 30, 2023)
- Unopposed MOTION for Hearing (Jun 20, 2023)
- AHIP REPLY in Support of Motion for Leave to File AMICUS BRIEF (Jun 16, 2023)
- Plaintiffs' RESPONSE in Opposition to AHIP Motion for Leave to File Amicus Brief (Jun 13, 2023)
- REPLY in Support of Motion for Protective Order or Stay of Discovery (Jun 7, 2023)
- REPLY in Support of Motion to Dismiss (Jun 6, 2023)
- RESPONSE in Opposition to Motion for Protective Order or Stay of Discovery (May 31, 2023)
- RESPONSE in Opposition to MOTION to Dismiss (May 30, 2023)
- Opposed MOTION for Leave to File Amicus Brief (AHIP) (May 18, 2023)
- MOTION for Protective Order or Stay of Discovery (May 10, 2023)
- ORDER (May 10, 2023)
- MOTION TO DISMISS Complaint as Moot (May 8, 2023)
- Aetna Supplemental Briefing (Apr 28, 2023)
- Defendant's Argument Brief re Immunity (Apr 28, 2023)
- Plaintiff Supplemental Briefing re Motion to Dismiss (Apr 28, 2023)
- RESPONSE to Notice of Aetna's Attempts to Pay the Claim (Apr 20, 2023)
- LETTER from Aetna (Notice of Attempts to Pay the Claim) (Apr 20, 2023)
- REPLY in Support of Opposed MOTION to Consolidate (Apr 10, 2023)
- RESPONSE to Opposed Motion to Consolidate (Apr 3, 2023)
- Opposed MOTION to Consolidate (Mar 13, 2023)
- MINUTE ENTRY (Mar 6, 2023)
- NOTICE of Hearing (Mar 6, 2023)
- SCHEDULING ORDER (Mar 3, 2023)
- Joint Discovery Case Management PLAN (Feb 21, 2023)
- Joint Proposed Scheduling ORDER (Feb 21, 2023)
- LETTER Re Motion to Seal (Jan 9, 2023)
- MOTION to Seal Exhibits (Jan 6, 2023)
- RESPONSE in Opposition to MOTION to Dismiss Complaint (Dec 30, 2022)
- MOTION to Dismiss (Dec 9, 2022)
- MOTION to Dismiss Plaintiffs Complaint and Strike Demand for Attorneys Fees (Dec 6, 2022)
- ORDER for Initial Pretrial and Scheduling Conference (Nov 2, 2022)
- COMPLAINT (Nov 1, 2022)