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Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc.

Docket No.20-1641
Op. Below6th Cir.
ArgumentMar 1, 2022

Holding

The Medicare Secondary Payer statute does not authorize disparate-impact liability, and the Marietta Plan's coverage terms for outpatient dialysis do not violate 42 U.S.C. § 1395y(b)(1)(C) because those terms apply uniformly to all covered individuals.

Judgment

Reversed and remanded, 7-2, in an opinion by Brett Kavanaugh on Jun 21, 2022. Justice Kagan filed an opinion dissenting in part, in which Justice Sotomayor joined.

Proceedings & orders timeline

May 21, 2021
Petition for a writ of certiorari filed. (Response due June 24, 2021)
Jun 24, 2021
Waiver of right of respondent Davita Inc., et al. to respond filed.
Jun 30, 2021
DISTRIBUTED for Conference of 9/27/2021.
Jul 21, 2021
Response Requested. (Due August 20, 2021)
Aug 5, 2021
Motion to extend the time to file a response from August 20, 2021 to September 20, 2021, submitted to The Clerk.
Aug 6, 2021
Motion to extend the time to file a response is granted and the time is extended to and including September 20, 2021.
Sep 20, 2021
Brief of respondents Davita Inc., et al. in opposition filed.
Oct 4, 2021
Reply of petitioners Marietta Memorial Hospital Employee Health Benefit Plan, et al. filed. (Distributed)
Oct 6, 2021
DISTRIBUTED for Conference of 10/29/2021.
Nov 1, 2021
DISTRIBUTED for Conference of 11/5/2021.
Nov 5, 2021
Petition GRANTED.
Dec 17, 2021
ARGUMENT SET FOR Tuesday, March 1, 2022.
Dec 20, 2021
Brief of petitioners Marietta Memorial Hospital Employee Health Benefit Plan, et al. filed.
Dec 20, 2021
Joint appendix filed. (Statement of costs filed)
Dec 21, 2021
Record requested from the U.S.C.A. 6th Circuit.
Dec 22, 2021
Brief amici curiae of Pacific Health Coalition, et al. filed.
Dec 23, 2021
Brief amicus curiae of United States filed.
Dec 23, 2021
Brief amicus curiae of Self-Insurance Institute of America, Inc. filed.
Dec 27, 2021
The record received from the U.S.C.A. 6th Circuit has been electronically filed.
Jan 18, 2022
CIRCULATED
Jan 19, 2022
Brief of respondents Davita Inc., et al. filed. (Distributed)
Jan 24, 2022
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Jan 26, 2022
Brief amicus curiae of Congressman William Thomas filed. (Distributed)
Jan 26, 2022
Brief amicus curiae of Kidney Care Partners filed. (Distributed)
Jan 26, 2022
Brief amicus curiae of Thomas A. Scully filed. (Distributed)
Jan 26, 2022
Brief amicus curiae of National Association for the Advancement of Colored People filed. (Distributed)
Jan 26, 2022
Brief amici curiae of Kidney Care Council and Renal Healthcare Association filed. (Distributed)
Jan 26, 2022
Brief amicus curiae of Dialysis Patient Citizens filed. (Distributed)
Jan 28, 2022
Corrected proof of service with respect to vrief amicus curiae of National Association for the Advancement of Colored People filed.
Feb 2, 2022
Letter of respondents to Clerk regarding disclaimer filed.
Feb 18, 2022
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Feb 18, 2022
Reply of petitioners Marietta Memorial Hospital Employee Health Benefit Plan, et al. filed. (Distributed)
Mar 1, 2022
Argued. For petitioners: John J. Kulewicz, Columbus, Ohio. For United States, as amicus curiae: Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Seth P. Waxman, Washington, D. C.
Jun 21, 2022
Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, Alito, Gorsuch, and Barrett, JJ., joined. Kagan, J., filed an opinion dissenting in part, in which Sotomayor, J., joined.
Jul 25, 2022
JUDGMENT ISSUED

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