- Docket No.
- 4:22-cv-03979
- District Court
- Texas Southern
Goal
- Assign another arbitrator to re-hear dispute
- Vacate arbitration award
Issues
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.
15 Major Filings
- ORDER (Jan 5, 2024)
- REPLY in Support of Motion to Disallow or Stay Discovery (Mar 27, 2023)
- RESPONSE to Motion to Disallow or Stay Discovery (Mar 17, 2023)
- REPLY in Support of Motion to Dismiss (Feb 28, 2023)
- JOINDER of Motion to Disallow or Stay Discovery (Feb 24, 2023)
- MOTION to Disallow or Stay Discovery (Feb 24, 2023)
- RESPONSE to Motion to Dismiss (Feb 21, 2023)
- RESPONSE to Motion to Dismiss (Feb 16, 2023)
- MOTION TO DISMISS (Jan 31, 2023)
- MOTION TO DISMISS (Jan 26, 2023)
- MINUTE ENTRY ORDER (Jan 17, 2023)
- SCHEDULING ORDER (Jan 17, 2023)
- Joint PROPOSED ORDER on Scheduling (Jan 5, 2023)
- ORDER for Initial Pretrial and Scheduling Conference (Nov 17, 2022)
- COMPLAINT (Nov 16, 2022)