Tell us about your biggest win from January 2019 through June 2020 and how you achieved the result for your client.
CROWELL & MORING
I served as lead counsel for Maine Community Health Options and a dozen other companies at the U.S. Supreme Court in Maine Community Health Options v. United States.
The Maine case, which held the United States responsible for $13 billion in damages as a result of its failure to pay health care companies under the Affordable Care Act “Risk Corridors” program, is among the largest civil judgments ever entered against the United States.
The court’s 8-1 decision reversed the [U.S. Court of Appeals for the Federal Circuit] and resulted in a landmark decision in Tucker Act jurisprudence and the field of money-mandating statutes.
Share two trial tips that have been key to your success.
A key feature of our Risk Corridors litigation team was diversity–in terms of gender, race, age, and thought.
Our broad “marketplace of ideas” approach led to a briefing and litigation strategy that focused on the law, not ACA politics, which helped achieve a rare 8-1 Supreme Court win.
Photo Credit: Pawel Kaminski