COMMUNITY HEALTH CHOICE INC v. UNITED STATES (2020)

ORDER

These cases having been submitted after oral argument on January 9, 2020,

It Is Ordered That:

1. The parties shall file supplemental briefs addressing in more detail the question of whether, assuming liability under the appellees’ statutory and/or implied-in-fact contract theories, a reduction in damages is available to the appellant if the appellees’ loss was diminished as a result of increases in premiums and tax credits.

2. The appellant’s supplemental brief must be filed within 30 days of this order. The appellees shall file a single supplemental brief within 60 days of this order. The appellant shall file a reply brief within 75 days of this order.

3. The appellant’s supplemental brief may not exceed 30 pages double-spaced. The appellees’ supplemental brief may not exceed 30 pages double-spaced. The appellant’s reply brief may not exceed 15 pages double-spaced.

Per Curiam.