Argument Recap

Argument Recap – Sanford Health Plan v. United States

Last week the Federal Circuit heard three cases that attracted amicus briefs. In one of these three cases, Sanford Health Plan v. United States, the United States presented two questions to the Federal Circuit related to the Affordable Care Act. As we noted in our argument preview, these questions ask whether health insurance companies may recover cost-sharing payments identified in the ACA but never funded by Congress. Last Thursday, the United States, Sanford Health Plan, and third party Community Health Plan (whose case was consolidated with Sanford for the oral argument) presented their arguments to a panel of the court that included Judges Dyk, Bryson, and Taranto. This is our recap of those arguments.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Highlights include a recap of the oral argument in MaineModa , and Land of Lincoln, a new petition in an MSPB case, a response by the Solicitor General to a petition raising questions related to patent eligibility in the context of computer-implemented technology, and a reply in support of a petition in a case raising questions related to sovereign immunity and inter partes reviews of patents. Here are the details.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights commentary regarding the oral argument at the Supreme Court in MaineModa, and Land of Lincoln, a summary of the Supreme Court’s decision in Peter v. Nantkwest, and a report on an attorney (who recently made news for his arguments in an appeal at the Federal Circuit) being ordered to leave a courtroom in the Second Circuit.

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Argument Recap

Argument Recap – Maine, Moda, and Land of Lincoln

On Tuesday the Supreme Court heard oral argument in Maine Community Health Options v. United StatesModa Health Plan Inc. v. United States, and Land of Lincoln Mutual Health Insurance Company v. United States. While both the insurance companies and the government faced a barrage of questions challenging their positions, the government seemed to face more significant resistance to its position. In short, it sounded like several members of the Court lean toward requiring the government to pay the insurance companies for losses incurred in participating in the health insurance market in reliance on a provision in the Affordable Care Act.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. It was an exceptionally busy week. In granted cases, the Supreme Court decided Peter v. NantKwest, Inc. and heard oral arguments in four of its other cases. As for petitions cases, two petitions were denied and four new responses, two new replies, and three new amicus briefs were filed. Here are the details.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights news regarding a recent decision by the Federal Circuit in a veterans case related to Agent Orange exposure, today’s oral argument at the Supreme Court in three cases decided by the Federal Cirxuit, the Solicitor General’s recent amicus briefs suggesting the Supreme Court should wait to review a case concerning patent eligibility law, and a summary of Converse’s efforts to protect its Chuck Taylor shoe from alleged copyists.

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Argument Preview / Featured

Argument Preview – Maine, Moda, and Land of Lincoln

The Supreme Court will hear one hour of oral argument tomorrow in three cases challenging the Federal Circuit’s holding that various health insurance companies cannot obtain damages under the Tucker Act for subsidies that were identified in the Affordable Care Act but that Congress later declined to appropriate. The three cases are Maine Community Health Options v. United States, Moda Health Plan Inc. v. United States, and Land of Lincoln Mutual Health Insurance Company v. United States.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights Reuters’ reporting on a recent Federal Circuit decision, an article about litigation funding firms “betting big” on a particular outcome at the Supreme Court, and recent comments on a pending petition for certiorari.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In granted cases, the Court issued orders on motions for divided arguments and received two reply briefs. In petitions cases, the Court granted a petition, denied two petitions, and received a new petition and several briefs.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

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