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New Vision Home Health Care, Inc., et al. v. Anthem, Inc., et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 17-2165 · judgment October 3, 2018


Certiorari denied · May 13, 2019
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether a circuit split exists between the Fifth and Sixth Circuits regarding whether federal courts have jurisdiction to issue mandamus relief to enforce a Medicare Administrative Law Judge's order.

  2. Whether a circuit split exists between the Fifth and Sixth Circuits regarding whether federal courts have subject-matter jurisdiction over collateral claims against Medicare Administrative Contractors.

  3. Whether subjecting collateral due process and tort claims against Medicare contractors to the channeling provisions of 42 U.S.C. 405(h) results in no meaningful review of said collateral tort and due process claims.

  4. Whether the denial of oral argument by the Sixth Circuit Court of Appeals denied Petitioners their due process rights under the United States and Michigan Constitutions.

  5. Whether the United States Attorney's appearance on behalf of Respondents without first filing with the District Court a statement of interest or formal request to intervene constituted reversible error.

Counsel of record

For petitioner
George Felix Indest III
The Health Law Firm

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 13 2019
    Petition DENIED.
  2. May 08 2019
    Motion of New Vision Home Health Care, Inc., et al. for leave to file amicus brief not accepted for filing. (May 10, 2019)
  3. Apr 17 2019
    DISTRIBUTED for Conference of 5/9/2019.
  4. Mar 15 2019
    Waiver of right of respondent UNITED STATES to respond filed.
  5. Mar 06 2019
    Petition for a writ of certiorari filed. (Response due April 11, 2019)