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Moda Health Plan, Inc. v. United States

Docket No.18-1028
Op. BelowFed. Cir.
ArgumentDec 10, 2019
Vote8-1

Holding

The Patient Protection and Affordable Care Act's now expired "Risk Corridors" statute, which set a formula for calculating payments to healthcare insurers for unexpectedly unprofitable plans during the first three years of online insurance marketplaces, created a government obligation to pay insurers the full amount of their computed losses; and the petitioners properly relied on the Tucker Act to sue for damages in the Court of Federal Claims.

Judgment

Reversed and remanded, 8-1, in an opinion by Sonia Sotomayor on Apr 27, 2020. Justices Thomas and Gorsuch joined the court's opinion except for Part III-C. Justice Alito filed a dissenting opinion.

Proceedings & orders timeline

Feb 4, 2019
Petition for a writ of certiorari filed. (Response due March 8, 2019)
Feb 21, 2019
Blanket Consent filed by Petitioners, Moda Health Plan, Inc., et al..
Feb 25, 2019
Motion to extend the time to file a response from March 8, 2019 to April 8, 2019, submitted to The Clerk.
Feb 27, 2019
Motion to extend the time to file a response is granted and the time is extended to and including April 8, 2019.
Mar 8, 2019
Brief amicus curiae of America's Health Insurance Plans filed.
Mar 8, 2019
Brief amici curiae of 18 States and the District of Columbia filed.
Mar 8, 2019
Brief amicus curiae of National Association of Insurance Commissioners filed.
Mar 8, 2019
Brief amici curiae of Highmark Inc., et al. filed.
Mar 8, 2019
Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Mar 8, 2019
Brief amici curiae of Economists, et al. filed. VIDED
Mar 8, 2019
Brief amicus curiae of Blue Cross Blue Shield Association filed. VIDED
Mar 8, 2019
Brief amicus curiae of The Association for Community Affiliated Plans filed.
Mar 8, 2019
Amicus brief of 18 States and the District of Columbia not accepted for filing. (Corrected version submitted)
Mar 29, 2019
Motion to extend the time to file a response from April 8, 2019 to May 8, 2019, submitted to The Clerk.
Apr 1, 2019
Motion to extend the time to file a response is granted and the time is further extended to and including May 8, 2019.
May 8, 2019
Brief of respondent United States in opposition filed. VIDED.
May 28, 2019
DISTRIBUTED for Conference of 6/13/2019.
May 28, 2019
Reply of petitioners Moda Health Plan, Inc., et al. filed. (Distributed)
Jun 17, 2019
DISTRIBUTED for Conference of 6/20/2019.
Jun 24, 2019
Petition GRANTED. The petitions for writs of certiorari in No. 18-1023 and No. 18-1038 are granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Jun 24, 2019
Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 18-1023. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 18-1023. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” (July 17, 2019)
Sep 13, 2019
SET FOR ARGUMENT on Tuesday, December 10, 2019. VIDED.
Oct 23, 2019
Record requested from the U.S.C.A. Federal Circuit.
Oct 25, 2019
CIRCULATED
Nov 5, 2019
Record from the U.S.C.A. Federal Circuit is electronic and located on Pacer.
Dec 10, 2019
Argued. For petitioners: Paul D. Clement, Washington, D. C. For respondent: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. VIDED.
Apr 27, 2020
Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Kagan, and Kavanaugh, JJ., joined, and in which Thomas and Gorsuch, JJ., joined as to all but Part III–C. Alito, J., filed a dissenting opinion. VIDED.
May 29, 2020
JUDGMENT ISSUED.

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