T.S. BY AND THROUGH T.M.S. v. HEART OF CARDON, LLC

No. 21-2495.

43 F.4th 737 (2022)

T.S., BY AND THROUGH his parents and guardians, T.M.S. and M.S., individually and derivatively on behalf of the Heart of CarDon, LLC Employee Benefit Plan, Plaintiff-Appellee, v. HEART OF CARDON, LLC & Heart of CarDon, LLC Employee Benefit Plan, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 5, 2022.


Attorney(s) appearing for the Case

Blythe H. Chandler , Attorney, Terrell Marshall Law Group PLLC, Seattle, WA, Eleanor Hamburger , Attorney, Sirianni Youtz Spoonemore Hamburger PLLC, Seattle, WA, for Plaintiff-Appellee.

Andrew Morgan McNeil, Esq. , Attorney, Bose Mckinney & Evans, LLP, Indianapolis, IN, for Defendants-Appellants.

John Joseph Barber , Attorney, Latham & Watkins LLP, Chicago, IL, Amici Curiae.

Before Manion, Kanne, and Jackson-Akiwumi, Circuit Judges.


This interlocutory appeal concerns section 1557 of the Patient Protection and Affordable Care Act, which prohibits a healthcare entity from discriminating against an individual based on disability, among other grounds, if that entity receives federal financial assistance.

Heart of CarDon, LLC (CarDon) is a healthcare...

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