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Yale New Haven Order on Motion to Dismiss

The U.S. District Court for the District of Connecticut yesterday largely dismissed a lawsuit alleging that Yale New Haven Hospital violated its fiduciary duties by selecting a retirement plan with excessive fees or poorly performing investments. The court allowed certain ancillary claims related to the plan’s recordkeeping fees to go forward.

Federal Court Dismisses Central Claims in Hospital Retirement Plan Case

The U.S. District Court for the District of Connecticut yesterday largely dismissed a lawsuit alleging that Yale New Haven Hospital violated its fiduciary duties by selecting a retirement plan with excessive fees or poorly performing investments.

Past Litigation

340B Delayed Regulations on Transparency and CMPs Stipulati
Public

Amicus Brief: Optimum Graphics Inc, Vs Sutter Health

AHA filed a friend-of-the-court brief urging the U.S. Court of Appeals for the 9th Circuit to affirm a federal jury’s unanimous 2022 verdict in favor of Sutter Health and certain affiliates in a lawsuit that alleged the California-based integrated health care network violated federal antitrust law in their arrangements with health plans.
Public

Legal Brief Re: 340B Contract Pharmacy Case - Sanofi-Aventis U.S. v. HHS et al – January 30, 2023

Drugmakers that participate in the 340B drug pricing program do not have to provide discounted 340B drugs to an unlimited number of contract pharmacies, the U.S. Court of Appeals for the 3rd Circuit ruled in Sanofi-Aventis U.S. v. HHS et al.
Public

Opinion Re: Plaintiffs Motion to Hold Unlawful and Remedy Defendants’ Past Underpayments of 340b Drugs

Memorandum Opinion: Granting in Part, Denying In Part Plaintiffs Motion to Hold Unlawful and Remedy Defendants’ Past Underpayments of 340b Drugs

Decision by U.S. District Judge Billy Roy Wilson Regarding the Legality of the 340B Drug Pricing Nondiscrimination Act

Pending are Plaintiff’s Motion for Summary Judgment on Preemption (Doc. No. 24), Defendant Leslie Rutledge’s Cross-Motion for Summary Judgment (Doc. No. 32), and Intervenors’ Cross-Motion for Summary Judgment on Preemption (Doc. No. 35). The parties have responded and replied.1 For the reasons set out below, Plaintiff’s motion is DENIED. Intervenors’ cross-motion is GRANTED. Defendant Leslie Rutledge’s cross-motion is DENIED as MOOT.
Public

AHA, Hospital Associations Urge Appeals Court to Affirm Dismissal of FCA Claims Against Hospital

The 6th Circuit Court of Appeals should affirm a district court’s decision to dismiss a meritless lawsuit that “sought to turn one doctor’s disappointment in not being hired by a hospital as an employed physician into an [False Claims Act] suit for Medicare fraud,” AHA and the four state hospital associations in the circuit said in this friend-of-the-court brief.
Public

AHA Asks Court to Order HHS to Promptly Repay 340B Hospitals For Past Unlawful Cuts

AHA urges the U.S. District Court for the District of Columbia to order the Department of Health and Human Services to promptly repay 340B hospitals for unlawful payment cuts in previous years, given the agency’s continued delay in implementing or even proposing a remedy on its own.
Public

Amicus Brief: AHA, Others File Brief in Supreme Court False Claims Act Case

The U.S. Supreme Court should affirm the government’s authority to dismiss a False Claims Act lawsuit after declining to intervene in the case, the AHA, U.S. Chamber of Commerce and American Health Care Association.