California Supreme Court

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California Supreme Court holds that state-law claims against Medicare Advantage organizations were expressly preempted by Part C of the Medicare Act

July 13, 2023

Click here to view the opinion. The court held that Part C express preemption extends to both common-law duties and statutes of general applicability.

U.S. Chamber files amicus brief

June 08, 2022

The brief urges California Supreme Court to hold that state-law tort claims against Medicare Advantage organizations, regulated under Part C of the Medicare Act, are expressly preempted by Part C of the Act, and that the claims would be impliedly preempted even in the absence of express preemption.

Ethan P. Davis and Matthew V.H. Noller of King & Spalding LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Case Documents