DAVIS v. SHAH

Docket No. 14-543-cv.

821 F.3d 231 (2016)

Harry DAVIS, Rita-Marie Geary, Patty Poole, Roberta Wallach, on behalf of themselves and others similarly situated, Plaintiffs-Appellees, v. Nirav SHAH, individually and in his official capacity as Commissioner of the New York State Department of Health, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: March 24, 2016.


Attorney(s) appearing for the Case

Victor Paladino , Assistant Solicitor General ( Barbara D. Underwood , Solicitor General, and Andrea Oser , Deputy Solicitor General, on the brief), for Eric T. Schneiderman , Attorney General of the State of New York, Albany, NY, for Defendant-Appellant.

Geoffrey A. Hale ( Bryan D. Hetherington and Jonathan Feldman , Empire Justice Center, and Martha Jane Perkins , National Health Law Program, on the brief), Empire Justice Center, Rochester, NY, for Plaintiffs-Appellees.

Molly J. Moran , Acting Assistant Attorney General ( Mark L. Gross and Robert A. Koch , Attorneys, on the brief), Department of Justice, Civil Rights Division, Washington, D.C., for Amicus Curiae United States Department of Justice in Support of Plaintiffs-Appellees.

Benjamin C. Mizer , Principal Deputy Assistant Attorney General ( Alisa B. Klein and Lindsey Powell , Attorneys, on the brief), Department of Justice, Civil Division, Washington, D.C., for Amicus Curiae United States Department of Health and Human Services, Centers for Medicare and Medicaid Services, in Support of Neither Party.

Before: LYNCH and CHIN, Circuit Judges, and KORMAN, District Judge.


Plaintiffs-appellees Harry Davis, Rita-Marie Geary, Patty Poole, and Roberta Wallach ("plaintiffs") brought this class action against defendant-appellant Nirav Shah, Commissioner of the New York State Department of Health (the "Commissioner"), challenging New York's coverage restrictions on certain medical services...

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