AMERICAN SOC., CATARACT, REFRACTIVE v. SHALALA

No. 98 C 7061.

94 F.Supp.2d 914 (2000)

AMERICAN SOCIETY OF CATARACT AND REFRACTIVE SURGERY; American Academy of Orthopedic Surgeons; American Academy of Ophthalmology; American College of Cardiology; American Gastroenterological Association; American Association of Neurological Surgeons; Congress of Neurological Surgeons; Society for Excellence in Eyecare, Inc.; Outpatient Ophthalmic Surgery Society; American Society of Gastrointestinal Endoscopy; American College of Gastroenterology; and American Society of General Surgery, Plaintiffs, v. Donna E. SHALALA, Secretary of the United States Department of Health and Human Services and Nancy-Ann Min Deparle, Administrator of the Health Care Financing Administration of the United States Department Of Health and Human Services, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

April 17, 2000.


Attorney(s) appearing for the Case

The lead counsel for the plaintiff are Michael Timothy Brody and Neal A. Cooper. Their firm is Jenner & Block. Chicago.

The lead counsel for the defendant is Jonathon C. Haile of the United States Attorney's Office. Chicago.


MEMORANDUM OPINION AND ORDER

ANN CLAIRE WILLIAMS, District Judge.

Plaintiffs American Society of Cataract and Refractive Surgery et al. ("American Society") claim that Defendants Donna E. Shalala, Secretary of the United States Department of Health and Human Services, et al. (the "Secretary") violated the Medicare Act, 42 U.S.C. § 405(a), (the "Act") by promulgating rules that were inconsistent with that Act. Plaintiffs further allege that defendants...

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