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Row 1 Inc., dba Regenative Labs v. Xavier Becerra, Secretary of Health and Human Services, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 23-5020 · judgment February 16, 2024


Certiorari denied · October 21, 2024
Pre-decision estimate: 3% cert probability

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

Question presented

Whether 42 U.S.C. 405(h), incorporated into the Medicare Act by 42 U.S.C. 1395ii, prohibits a medical products manufacturer who cannot pursue the Medicare administrative appeals process from filing a judicial action seeking relief from policies adopted by Center for Medicare and Medicaid Services without any notice and comment. (i)

Counsel of record

For petitioner
Patrick Conlin Gallagher
PC Gallagher Law P.A.

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
23A998

Proceedings

  1. Oct 21 2024
    Petition DENIED.
  2. Oct 02 2024
    DISTRIBUTED for Conference of 10/18/2024.
  3. Oct 01 2024
    Reply of petitioner Row 1 Inc., d/b/a Regenative Labs filed. (Distributed)
  4. Sep 13 2024
    Brief of Federal Respondents in opposition filed.
  5. Aug 16 2024
    Motion to extend the time to file a response is granted and the time is further extended to and including September 13, 2024.
  6. Aug 14 2024
    Motion to extend the time to file a response from August 21, 2024 to September 13, 2024, submitted to The Clerk.
  7. Jul 17 2024
    Brief amicus curiae of The Greater Pensacola Chamber of Commerce filed.
  8. Jun 25 2024
    Motion to extend the time to file a response is granted and the time is extended to and including August 21, 2024.
  9. Jun 21 2024
    Motion to extend the time to file a response from July 22, 2024 to August 21, 2024, submitted to The Clerk.
  10. Jun 17 2024
    Petition for a writ of certiorari filed. (Response due July 22, 2024)
  11. May 09 2024
    Application (23A998) granted by The Chief Justice extending the time to file until June 16, 2024.
  12. May 06 2024
    Application (23A998) to extend the time to file a petition for a writ of certiorari from May 16, 2024 to June 16, 2024, submitted to The Chief Justice.