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HALLER v. U.S. DEP'T OF HEALTH AND HUMAN SERVICES

21-CV-7208 (AMD) (AYS).

621 F.Supp.3d 343 (2022)

Dr. Daniel HALLER and Long Island Surgical PLLC, Plaintiffs, v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Xavier Becerra, in his official capacity as Secretary of Health and Human Services, U.S. Office of Personnel Management, Kiran Ahuja, in her official capacity as Director of the U.S. Office of Personnel Management, U.S. Department of Labor, Martin J. Walsh, in his official capacity as Secretary of Labor, U.S. Department of the Treasury, and Janet Yellen, in her official capacity as Secretary of the Treasury, Defendants.

United States District Court, E.D. New York.

Signed August 10, 2022.

Attorney(s) appearing for the Case

Edward A. Smith , Justin Tyler Kelton , Robert A. Spolzino , Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wo, White Plains, NY, Adam Michael Birnbaum , Mordecai Geisler , Abrams Fensterman, LLP Brooklyn, NY, for Plaintiffs.

Anna Lynn Deffebach , DOJ, Civil Division, Washington, DC, Joel McElvain , U.S. Dept. of Justice, Civil Division, Washington, DC, Joseph Anthony Marutollo , U.S. Attorney's Office, Brooklyn, NY, for Defendants.

MEMORANDUM DECISION AND ORDER

On December 31, 2021, the plaintiffs filed this action against the defendants, challenging the constitutionality of the No Surprises Act, Pub. L. 116-260 (the "Act"), and seeking an injunction against its enforcement.1 Before the Court...

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