- Docket No.
- 1:23-cv-02977
- District Court
- New York Eastern
Goal
- Compel agency actions
- Declaration that agency actions are unlawful
Issues
Case History
Litigation Content
Why this Matters
The plaintiff argues that the Administration’s implementation of the No Surprises Act’s arbitration process violates the Due Process Clause of the Fifth Amendment, and is unlawful under the Administrative Procedure Act. If federal agencies lack the authority to manage the arbitration process appropriately, certain providers could be more likely to try to abuse this process to obtain higher payments, making the arbitration process more likely to become inflationary.
Potential Impact
The inability to impose reasonable guardrails and oversight for the No Surprises Act’s arbitration process could lead to abuses of the process and higher health care costs and premiums.
News And Analysis (1)
27 Major Filings
- APPELLATE JUDGMENT (Sep 12, 2025)
- PLAINTIFF'S NOTICE OF APPEAL (Jul 10, 2024)
- NOTICE OF RELATED CASE (Jun 27, 2024)
- ORDER ON MOTION FOR RECONSIDERATION (Jun 11, 2024)
- DEFENDANTS’ RESPONSE TO MOTION FOR RECONSIDERATION (May 1, 2024)
- PLAINTIFF'S MOTION FOR RECONSIDERATION (Apr 17, 2024)
- ORDER ON MOTIONS TO DISMISS AND FOR PRELIMINARY INJUNCTION (Apr 1, 2024)
- DEFENDANTS' STATUS REPORT (Mar 28, 2024)
- ORDER (Mar 22, 2024)
- PLAINTIFF'S RESPONSE RE: NOTICE OF RESUMPTION OF FULL IDR PROCESS OPERATIONS (Jan 3, 2024)
- NOTICE OF RESUMPTION OF FULL IDR PROCESS OPERATIONS (Dec 15, 2023)
- PLAINTIFF'S REPLY RE: MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT AND FOR PRELIMINARY INJUNCTION (Oct 20, 2023)
- DECLARATION OF ROY W. BREITENBACH, ESQ. (Oct 20, 2023)
- DEFENDANTS' RESPONSE TO MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT AND FOR PRELIMINARY INJUNCTION (Oct 11, 2023)
- PLAINTIFF’S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT AND FOR PRELIMINARY INJUNCTION (Sep 27, 2023)
- PLAINTIFF'S RESPONSE TO MOTION TO DISMISS (Aug 29, 2023)
- ORDER (Aug 7, 2023)
- PLAINTIFF'S MOTION FOR RECONSIDERATION (Jul 31, 2023)
- AMENDED COMPLAINT (Jul 31, 2023)
- ORDER ON MOTIONS TO DISMISS AND FOR PRELIMINARY INJUNCTION (Jul 17, 2023)
- DEFENDANTS' NOTICE OF SUPPLEMENTAL AUTHORITY (Jun 28, 2023)
- DEFENDANTS' REPLY RE: MOTION TO DISMISS (Jun 12, 2023)
- PLAINTIFF'S RESPONSE TO MOTION TO DISMISS AND REPLY RE: MOTION FOR PRELIMINARY INJUNCTION (Jun 5, 2023)
- DEFENDANTS' RESPONSE TO MOTION FOR PRELIMINARY INJUNCTION AND MOTION TO DISMISS (May 29, 2023)
- DEFENDANTS' NOTICE OF MOTION TO DISMISS (May 29, 2023)
- PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION (May 11, 2023)
- COMPLAINT (Apr 20, 2023)