Wednesday, March 24, 2010

Health Care Reform Lawsuits

I will keep an updated list of lawsuits against the new healthcare reform law in this post with comments on progress.

last updated 11/14/2011
Breaking News - Supreme Court Agrees To Hear ObamaCare Cases.


The Score Card

Total number of lawsuits - 28
Active - 21
    Undecided - 7
    Decided with Appeals - 11
    Decided pending appeal - 3
Decided-Closed - 7

Decided - 21
    Dismissed/Judgement for Defendant - 18
    Judgement for Plaintiff - 3

Decided Appeals - Circuit Court - 5
    Upheld/Overturned or Dismissed for Defendant - 4
    Upheld or Overturned for Plaintiff - 1

States that are actively or about to sue (29):
(FL et al) AK, AL, AZ, CO, FL, GA, IA, ID, IN, KS, LA, MI, ME, MS, ND, NE, NV, OH, PA, SC, SD, TX, UT, WA, WI, WY (individual suits) VA, MO, OK

States that will not (as of today) sue (22):
AR, CA, CT, DC, DE, HI, IL, KY, MA, MD, MN, MT, NC, NH, NJ, NM, NY, OR, RI, TN, VT, WV

State Lawsuits

State of FL et al v. US DHHS et al
3:2010-cv-00091 (PACER Locator - login required) (Link to Complaint)
3/23/2010 filed - Current plaintiff states (26): FL, SC, NE, TX, UT, LA, AL, MI, CO, PA, WA, ID, SD, IN, ND, MS, AZ, NV, GA, AK, IA, KS, ME, OH, WI, WY
National Federation of Independent Business also added
Additional interested state parties via briefs
For the plaintiffs
Govenors: MN, RI
For the defendants
States' Attorneys General: OR, IA, VT
Govenors: CO, MI, PA, WA (in conflict with their AG's)
10/14/2010 Motion to Dismiss denied on counts 1 (individual mandate - Commerce Clause) and 4 (medicaid impacts - 10th Amendment)
12/16/2010 Hearing on motion(s) for summary judgement
1/18/2010 GA AG Joins (Govenor was part of original states), IA Govenor Joins (in conflict with AG). KS, ME, OH, WI, WY Join.
1/31/2011 Summary Judgement for Plaintiffs on count 1 (individual mandate) - Individual Mandate struck down as unconstitutional
2/28/2011 Appealed to 11th Circuit by non-party petitioner. 11-10894-H
3/2/2011 Judge stays order......contingent on the defendants submitting a motion for expedited appeal with the appelate court or SCOTUS within 7 days.
3/8/2011 Appealed to 11th Circuit by defendants. 11-11021.
6/8/2011 11th Circuit: oral arguments
8/12/2011 Upheld in Favor of Plaintiff

Commonwealth of VA v. Sebelius
3:2010-cv-00188 (PACER Locator - login required) (Link to Complaint)
3/23/201 filed
8/2/2010 Motion to dismiss denied
10/18/2010 Hearing on motions for summary judgement
12/13/2010 Summary judgement for Plaintiffs - Individual Mandate struck down as unconstitutional
1/19/2011 Both parties appeal to the 4th Circuit (11-1057, 11-1058)
1/20/2011 Appeals case consolidated into 11-1057
1/26/2011 Expedited briefing granted and oral argument scheduled for May 10-13, 2011. Case will be argued in conjunction with Liberty University, Inc. et al v. Geithner et al
2/9/2011 Petition to SCOTUS by Plaintiff 10-1014
4/25/2011 Petition to SCOTUS denied
9/8/2011 4th Circuit: Dissmissed - Standing

Kinder et al v. Department of Treasury et al
1:2010-cv-00101 (PACER Locator - login required)
7/7/2010 Filed - suit by MO Lt Gov Kinder and others both as a private citizen and in his official capacity of Lt. Gov. as the government advocate for the state's elderly.
7/9/2010 Motion to intervene and for partial dismissal filed by MO AG claiming only he can advocate legally for the MO state government.
8/20/2010 Motion to intervene withdrawn
1/18/2011 Motion to Dismiss
4/26/2011 Dismissed - Jurisdiction
4/29/2011 Appealed to the 8th Circuit 11-1973
10/17-10/21/2011 8th Circuit: oral arguments

Pruit v. Sebelius et al
6:2011-cv-00030 (PACER Locator - login required)
Oklahoma suit
1/7/2011 Announced
1/24/2011 Filed
3/28/2011 Motion to Dismiss

Individual Lawsuits

Thomas More Law Center, et al v. POTUS et al
2:2010-cv-11156 (PACER Locator - login required) (Link to Complaint)
3/23/2010 Filed
10/21/2010 Dismissed
12/15/2010 Appealed to 6th Circuit 10-2388
6/29/2011 Upheld in Favor of Defendant
7/27/2011 Appealed to SCOTUS 11-117

Liberty University, Inc. et al v. Geithner et al
6:2010-cv-00015 (PACER Locator - login required) (Link to Complaint)
3/23/201 Filed
10/22/2010 Hearing on Motion to Dismiss
11/30/2010 Dismissed
12/3/2010 Appealed to 4th Circuit 10-2347
1/26/2011 Oral argument scheduled for May 10-13, 2011. Case will be argued in conjunction with Commonwealth of VA v. Sebelius
9/8/2011 4th Circuit: Dissmissed - Standing

New Jersey Physicians, Inc. et al v. Obama et al
2:2010-cv-01489 (PACER Locator - login required)
3/24/2010 Filed
7/28/2010 Motion to dismiss
12/7/2010 Dismissed
12/14/2010 Appealed to 3rd Circuit 10-4600
6/22/2011 3rd Circuit: oral arguments
8/3/2011 Upheld in Favor of Defendant

Baldwin et al v. Sebelius et al
3:2010-cv-01033 (PACER Locator - login required)
5/14/2010 Filed
8/27/2010 Dismissed
9/1/2010 Appealed to 9th Circuit 10-56374
9/17/2010 Petition to SCOTUS 10-369
11/8/2010 Petition to SCOTUS denied

Mead et al v. Holder et al
1:2010-cv-00950 (PACER Locator - login required) (Link to Complaint)
6/9/2010 Filed - suit by the American Center for Law and Justice
8/10/2010 Plaintiff Motion for Summary Judgement
8/20/2010 Motion to Dismiss
1/31/2011 Hearing on Motion to Dismiss
2/22/2011 Dismissed
2/25/2011 Appealed to DC Circuit 11-5047
9/23/2011 DC Circuit: oral arguments

Physician Hospitals of America, et al v. Sebelius
6:2010-cv-00277(PACER Locator - login required)
6/3/2010 Filed - Another provider initiated lawsuit
8/17/2010 Motion to Dismiss and Defendant Motion for Summary Judgement
9/29/2010 Hearing on Motion to Dismiss and (defendant) Motion for Summary Judgement
11/24/2010 Bench Trial Cancelled.
2/15/2011 Plaintiff Motion for Summary Judgement
2/18/2011 Motion to Dismiss denied (jurisdiction issue only)
3/31/2010 Summary Judgement for Defendant
6/9/2011 Appealed to the 5th Circuit 11-40631

Purpura et al v. Sebelius et al
3:2010-cv-04814 (PACER Locator - login required) (Link to Complaint)
9/20/2010 Filed
10/7/2010 Case reassigned
12/9/2010 Motion for summary judgement (plaintiffs)
1/17/2011 Cross Motion to Dismiss
1/18/2011 (postponed) Motion for summary judgement to be decided
2/22/2011 (sched) Motion for summary judgement and any motion to dismiss to be decided
4/22/2011 Dismissed - Standing
5/12/2011 Appealed to 3rd Circuit 11-2303

U.S. Citizens Association et al v. Obama et al
5:2010-cv-01065 (PACER Locator - login required) (Link to Complaint)
5/12/2010 Filed
8/12/2010 Motion to Dimiss
9/1/2010 Ammended Complaint
9/16/2010 Second Amended Complaint
10/8/2010 Motion to Dismiss
11/23/2010 Motion to Dismiss count 1 (Individual Mandate unconstitutional) denied. Counts 2-4 dismissed.
1/24/2010 Cross Motions for Summary Judgement
2/28/2011 Court issues final judgement on counts 2-4 so that they may be immediately appeal, if desired. Count 1 remains open.
3/18/2011 Dismissal of counts 2-4 appealed to 6th circuit. Count 1, Individual Mandate, still remains before district court.
4/27/2011 Case suspended "pending a ruling by the Sixth Circuit in Thomas Moore Law Center vs. Obama"
7/1/2011 Summary Judgement for Defendant per precedent of 6th Circuit decision in Thomas Moore Law Center vs. Obama
7/27/2011 Appealed to 6th Circuit 11-3798

Peterson v. USA et al
1:2010-cv-00170 (PACER Locator - login required)
5/4/2010 Filed - Claims assumed reductions in Medicare benefits and increased costs are unconstitutional.
8/16/2010 Motion to dismiss
12/20/2010 Ammended Complaint
3/10/2011 Hearing on Motion to Dismiss
3/30/2011 Dismissed - subject matter jurisdiction

Bellow v. US DHHS et al
1:2010-cv-00165 (PACER Locator - login required) (Link to Complaint)
3/24/2010 Filed - First private citizen lawsuit
11/29/2010 Motion to Dismiss
12/20/2010 Plaintiff Motion for Summary Judgement
3/21/2011 Magistrate Judge recommends dismissal
6/20/2011 Dismissed - subject matter jurisdiction

Goudy-Bachman et al v. US DHHS et al
1:2010-cvs-00763 (PACER Locator - login required)
4/9/2010 Filed - 2 Pennsylvania residents
6/14/2010 Motion to Dismiss
1/24/2011 Motion to Dismiss denied as to jurisdiction, standing, and ripeness of the plaintiff's financial burden claims. Separate opinion on Motion to Dismiss as to constitutionality of the Individual Mandate forthcoming.
6/21/2011 Motion for Summary Judgement by Defendants
7/6/2011 Motion for Summary Judgement by Plaintiffs
9/13/2011 Summary judgement for Plaintiffs - Individual Mandate struck down as unconstitutional

Walters et al v. Holder, Jr. et al
2:2010-cv-00076 (PACER Locator - login required) (Link to Complaint)
4/2/2010 Filed - Three Mississippi residents
8/1/2010 Motion to dismiss
2/3/2011 Dismissed as to standing with a 30 day leave to ammend the complaint
3/4/2011 Amended complaint
4/12/2011 Motion to dismiss in part and for jurisdictional discovery

Association of American Physicians & Surgeons, Inc. v. Sebelius et al
1:2010-cv-00499 (PACER Locator - login required) (Link to Complaint)
3/26/2010 Filed
6/11/2010 Case Reassigned
7/29/2010 Motion to Dismiss
8/23/2010 Ammended Complaint
9/13/2010 Second Amended Complaint
11/12/2010 Motion to Dismiss
11/22/2010 Amended Motion to Dismiss
3/30/2011 Case reassigned

Calvey et al v. Obama et al
5:2010-cv-00353 (PACER Locator - login required)
4/7/2010 Filed - 16 Oklahoma residents
4/8/2010 Case Reassigned
8/6/2010 Ammended suit to allow class action (currently 1,162 plaintiffs)
2/15/2011 Motion to Dismiss
4/26/2011 Dismissed in part. Only some claims (related to mandate) for only the uninsured plaintiffs remain to be adjudicated.

Sissel v. US DHHS et al
1:2010-cv-01263 (PACER Locator - login required) (Link to Complaint)
7/26/2010 Filed - suit by the Pacific Legal Foundation
11/15/2010 Motion to Dismiss
6/3/2011 Case Reassigned
8/9/2011 Case suspended pending a ruling by the DC Circuit in Mead vs. Holder

Coons et al v. Geithner et al
2:2010-cv-01714 (PACER Locator - login required) (Link to Complaint)
8/12/2010 Filed - suit by the Goldwater Institute
11/15/2010 Motion for Preliminary Injunction
3/10/2011 Motion for Preliminary Injunction withdrawn
3/11/2011 Amended Complaint
4/18/2011 Motion to Dismiss
5/10/2011 Ammended Complaint
5/31/2011 Motion to Dismiss
6/13/2011 Motion to Dismiss found moot
6/20/2011 Motion for Partial Summary Judgement by Plaintiffs
8/10/2011 Motion for Summary Judgement by Defendants

Enloe et al v. Obama et al
5:2011-cv-00026 (PACER Locator - login required)
2/11/2011 Filed. This is basically the Shreeve case refiled in another district
5/31/2011 Motion to Dismiss

Potential Lawsuits

Closed Lawsuits

Taitz v. Obama
1:2010-cv-00151 (PACER Locator - login required) (Link to Complaint (applicable amended section begins page 5))
Amended filing to a "birther" lawsuit.
Motion filed to consolidate suit with St of FL et al.
4/8/2010 Motion denied
4/14/2010 Amended suit dismissed

Shreeve v. Obama et al
1:2010-cv-00071 (PACER Locator - login required)
4/8/2010 Filed - 10th Amendment case brought by an individual - interesting. Names Reid and Pelosi as defendants. (This is the suit from the TN State Rep Candidate Van Irion, who is acting as the plaintiff's attorney)
7/19/2010 Motion for peliminary injunction
7/19/2010 Suit becomes national class action w/ 25,000+ plaintiffs (including my daughter)
8/27/2010 Motion to dismiss
11/4/2010 Dismissed

Fountain Hills Tea Party Patriots, L.L.C. v. Sebelius et al
2:2010-cv-00893 (PACER Locator - login required)
4/22/2010 Filed - The Tea Party joins the fight
6/17/2010 Dismissed

Burlsworth et al v. Department of Justice et al
4:2010-cv-00258 (PACER Locator - login required) (Link to Complaint)
4/27/2010 Filed - This is the Secure Arkansas suit
8/3/2010 Motion to dismiss
9/8/2010 Plaintiffs withdraw complaint

Independent American Party of NV et al v. Obama et al
2:2010-cv-01477 (PACER Locator - login required)
8/31/2010 Filed
1/19/2011 Case Reassigned
3/7/2011 Dismissed - no proof of service

Archer v. U.S. Senate - dismissed 4/12/10. This was a complaint against "the cornhusker kickback". Case was dismissed because plaintiff did not pay fee.

Mackenzie v. Shaheen - dismissed 5/26/10. This was a suit originally filed in county court in New Hampshire and then moved to Federal District Court, which claims denial of plaintiff's due process rights by his elected representatives in relation to the "unfair means" in which the ObamaCare bill was written, debated, and voted upon. Dismissed as defendants, the plaintiff's US Senator and Congresspersons, have "legislative immunity from suit based upon legitimate legislative activities".

Additional suits listed on m.whitehouse.gov blog. I do not include any of these in the totals because I either can find no record of them or they are not ObamaCare cases.
Sollars v. Reid - dismissed 4/2/10. I find no record of this case on PACER
Heghmann v. Sebelius - dismissed 5/14/10. I find no record of this case on PACER
Coalition for Parity Inc. v. Sebelius - dismissed on 6/21/10. This is a case against the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity
Act of 2008, not ObamaCare.

Other News

10/26/2011 Health cases set for Nov. 10 SCOTUS Conference

36 comments:

  1. Even reading the Declaration of Independance shows we are way off course.

    You know what kills me about the unconstitutional process they used? It was all about not allowing Scott Brown to vote. They were trying to repudiate his election. These are totalitarians that care nothing for the process that safeguards our system. They could not afford to do it the checks/balances way. They could not win. Scary people.

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  2. There was an article a few days ago which took the declaration and the accusations against King George and compared them to the current actions of "King" Obama. Quite enlightening. I will try to track it down.

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  3. Looks like WI, OR, and ME will be "no" on lawsuits.

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  4. Iowa is a "no". MN should decide this week (I'm not optimistic). Pressure is on in MS and GA.

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  5. Taitz (see above lawsuits) tries to have her suit consolidated with the 13 AGs' suit.

    http://blogs.ocweekly.com/navelgazing/the-hilarious-haters/orly-taitz-attempts-to-take-ov/

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  6. Coming - Impeachment in GA and end arounds in MS and AZ? Plus - ID pursues constitutional convention (what else is there to do in Idaho, after all).

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  7. The one week roundup.

    States that are actively or about to sue (15):
    AL, CO, FL, ID, IN, LA, MI, NE, PA, SC, SD, TX, UT, VA, WA

    States that will not (as of today) sue (8):
    IA, KY, ME, MT, NV, OH, OR, WI

    States still in play (16):
    AR, AZ, CA, GA, IL, KS, MD, MN, MO, MS, NC, ND, NJ, OK, TN, WY

    Cricket states (not a sound coming from them - which probably means "not interested") (12):
    AK, CT, DC, DE, HI, MA, NH, NM, NY, RI, VT, WV

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  8. AZ is definately in - deciding whether to go it alone or join St of FL.

    And in a shocking reversal, NV looks to also be doing an end run around the AG like MS. Stay tuned.

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  9. Next Week: it looks like in the next week or two, the following states will either be joining State of Florida et al or finding a way to sue on their own: Arizona, Mississippi, Missouri, and Nevada. These will all be doing some kind of end run around their AGs. Don't be surprised if more Republican Govenors follow suit. FL AG McCollum may wait until everyone is on board to file the amended complaint, but I will be adding states tot he entry above as they confirm.

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  10. Just broke - ND joining State of Florida et al

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  11. Weekly Report.

    It has been 2 weeks since the Health Deform bill passed. Here is the latest lawsuit roundup, with some significant shifts from last week.

    States that are actively or about to sue (19):
    AL, AZ, CO, FL, ID, IN, LA, MI, MS, ND, NE, NV, PA, SC, SD, TX, UT, VA, WA

    States that will not (as of today) sue (9):
    IA, KS, KY, ME, MN, MT, OH, OR, WI

    States still in play (11):
    AR, CA, GA, IL, MD, MO, NC, NJ, OK, TN, WY

    Cricket states (not a sound coming from them - which probably means "not interested") (12):
    AK, CT, DC, DE, HI, MA, NH, NM, NY, RI, VT, WV

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  12. Sounds like MO will file separately - the Lt Govenor is doing an end round by both the Govenor (who he says is "arrogant") and the AG. Wow! And they thought the in-fighting in the "Show Me" state during the civil war was bad.

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  13. Just breaking - something is brewing in TN. Not sure if attorney is filing on bhalf of the state or on his own. Stay tuned.

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  14. Out of the Blue! 16 Oklahoma residents sue. See Calvey et al in the post.

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  15. Another individual suit, this time in PA

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  16. Georgia moves from no to an end-around the AG "yes"

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  17. Weekly Report.

    It has been 3 weeks since the Health Deform bill passed. Here is the latest lawsuit roundup. GA reverses course and joins the state lawsuits, and there have been 4 individual lawsuits added bring that total to 10.

    Total number of lawsuits - 12
    State lawsuits - 2 (21 total states involved)
    Non-state lawsuits - 10

    States that are actively or about to sue (20):
    AL, AZ, CO, FL, GA, ID, IN, LA, MI, MS, ND, NE, NV, PA, SC, SD, TX, UT, VA, WA

    States that will not (as of today) sue (10):
    IA, KS, KY, ME, MT, OH, OK, OR, WI

    States still in play (11):
    AK, AR, CA, IL, MD, MN, MO, NC, NJ, TN, WY

    Cricket states (not a sound coming from them - which probably means "not interested") (11):
    CT, DC, DE, HI, MA, NH, NM, NY, RI, VT, WV

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  18. New Mexico gets off the fence.

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  19. Birther suit Taitz v. Obama, which had been amended to include a complaint about health reform, is dismissed.

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  20. Van Irion suit (Shreeve v. Obama et al) goes national!

    http://www.prweb.com/releases/2010/04/prweb3892154.htm

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  21. OK looks to be the latest to do the AG end around

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  22. Weekly roundup

    It has been 4 weeks since the Health Deform bill passed. Here is the latest lawsuit roundup. There has not been much news this week on the state lawsuits, but there have been 4 individual lawsuits added bring that total to 10.

    Total number of lawsuits - 12
    State lawsuits - 2 (21 total states involved)
    Non-state lawsuits - 10

    States that are actively or about to sue (21):
    AL, AZ, CO, FL, GA, ID, IN, LA, MI, MS, ND, NE, NV, PA, SC, SD, TX, UT, VA, WA, OK

    States that will not (as of today) sue (9):
    IA, KS, KY, ME, MT, OH, OK, OR, WI, NC

    States still in play (11):
    AK, AR, CA, IL, MD, MN, MO, NJ, NM, TN, WY

    Cricket states (not a sound coming from them - which probably means "not interested") (10):
    CT, DC, DE, HI, MA, NH, NY, RI, VT, WV

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  23. A tea party joins the lawsuit parade:

    Fountain Hills Tea Party Patriots, L.L.C.

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  24. Secure Arkansas files its suit

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  25. Another class action suit on the horizon...

    http://www.onenewsnow.com/Legal/Default.aspx?id=1020732

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  26. With the coming additions of WI, WY, and OH to the Florida suit and the separate suit OK intends to file, the balance has now gone over 50% of states trying to repeal ObamaCare.

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  27. 11th Circuit upholds Vinson. Appeals score: 1 - 1.

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