Case Detail

Fox v. Leavitt
On October 15, 2007, WLF filed a motion for summary judgment in its long-running battle with CMS (the federal Centers for Medicaid and Medicare Services), which is preventing senior citizens from obtaining truthful information regarding insurance coverage available to them under Medicare Part D, the recently enacted Medicare program that offers insurance for the cost of prescription drugs. WLF initially filed this suit -- now pending in U.S. District Court for the District of Columbia -- in August 2006. The suit alleges that CMS is trampling on First Amendment rights by preventing health care providers from giving their patients advice regarding which Part D plan best meets the patients' needs. WLF's suit, filed on behalf of three senior citizens, seeks an injunction against continuation of CMS's policy. WLF's summary judgment motion argues that the facts of the case are largely uncontested and that the court should enter judgment in favor of WLF's clients without awaiting a trial.
Case Status:
Awaiting hearing on summary judgment motion.
More Information and Downloads:
10/15/2007: Download the Brief
8/24/2006: Download the Brief

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