CALLAHAN v. U.S. DEPT. OF HHS THROUGH AZAR

No. 19-11876.

939 F.3d 1251 (2019)

Randall CALLAHAN, Katryna Grisson, Candice Seaman, Michael Wingate, Emory University, d.b.a. Emory University Hospital, Henry Ford Health System, Indiana University Health, Oregon Health & Science University, Piedmont Healthcare, the Rector and Visitors of the University of Virginia, on Behalf of Its Medical Center, The Regents of the University of Michigan, on Behalf of Its Academic Medical Center, Michigan Medicine, Saint Luke's Hospital of Kansas City, University of Iowa, University of Kansas Hospital Authority, a Body Politic and Corporate and an Independent Instrumentality of the State of Kansas, University of Kentucky, Vanderbilt University Medical Center, Virginia Commonwealth University Health System Authority, The Washington University, Barnes-Jewish Hospital, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, THROUGH ALEX M. AZAR II in his official capacity as secretary of the United States Department of Health and Human Services, United Network for Organ Sharing, Defendants-Appellees, Susan Jackson, Charles Bennett, Intervenor Appellees.

United States Court of Appeals, Eleventh Circuit.

September 25, 2019.


Attorney(s) appearing for the Case

Peter Canfield , Atlanta, GA, Courtney A. Carrell , Dallas, TX, Glenn Lorin Krinsky , Los Angeles, CA, John M. Majoras , Washington, DC, Jones Day, William Roquemore Taylor , Blank Rome LLP, Houston, TX, for Plaintiffs-Appellants.

Jason Scott Alloy , Robbins Ross Alloy Belinfante & Littlefield, LLC, Atlanta, GA, for Intervenors-Appellees.

Bradley Hinshelwood , U.S. Department of Justice, Civil Division, Appellate Staff, Michael Drezner , U.S. Department of Justice, Civil Division, Martin Totaro , U.S. Securities & Exchange Commission, Office of the General Counsel, Washington, DC, for Defendant-Appellee United States Department of Health and Human Services, through Alex M. Azar II in his official capacity as Secretary of the United States Department of Health and Human Services.

Jay S. Blumenkopf , Gordon Rees Scully Mansukhani, New York, NY, Lauren Gailey , Washington, DC, Linda T. Coberly , Melanie Laiyee Lee , Daniel D. Rubinstein , Sean H. Suber , Thomas G. Weber , Chicago, IL, Winston & Strawn, LLP, Sara Anderson Frey , Trujillo Rodriguez & Richards, LLC, Philadelphia, PA, for Defendant-Appellee United Network for Organ Sharing.

Josh Belinfante , Attorney, Matthew T. Parrish , Robbins Ross Alloy Belinfante & Littlefield, LLC, Atlanta, GA, Evelyn Fruchter , Mordechai Shulman , Boies Schiller & Flexner, LLP, Armonk, NY, for Intervenor Appellees.

Before WILSON and NEWSOM, Circuit Judges, and COOGLER, District Judge.


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