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Eric Friedlander, in His Official Capacity as Secretary of the Kentucky Cabinet for Health and Family Services, et al. v. Phillip Truesdell, et al.
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 22-5808 · judgment September 1, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The Questions Presented are:
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Whether the modern case law approach controls a court’s analysis of the dormant Commerce Clause and repudiates the holding in Buck v. Kuykendall, 2167 U.S. 307 (1925)?
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If Buck v. Kuykendall has not been repudiated, whether the United States Court of Appeals for the Sixth Circuit erred when it found Buck, a case concerning stage lines, indistinguishable from the present case, holding a portion of the Commonwealth of Kentucky’s Certificate of Need laws for healthcare ground ambulance services per se unconstitutional?
Counsel of record
For petitioner
Wesley Warden Duke
Office of Legal Services
For respondent
David Michael Dirr
Dressman Benzinger LaVelle psc
Proceedings
- Apr 15 2024Petition DENIED.
- Mar 27 2024DISTRIBUTED for Conference of 4/12/2024.
- Feb 05 2024Waiver of right of respondent First Care Ohio LLC to respond filed.
- Feb 02 2024Waiver of Phillip Truesdell of right to respond not accepted for filing. (February 02, 2024 - corrected waiver submtted)
- Feb 02 2024Waiver of right of respondents Phillip Truesdell and Legacy Medical Transport, LLC to respond filed.
- Jan 02 2024Petition for a writ of certiorari filed. (Response due February 5, 2024)