United States Seventh Circuit

Dismissal of a suit by a hospital against the Illinois Department of Public Aid seeking to block implementation of a 2004 plan amendment permitting Illinois to receive matching federal funds for increased payments to certain hospitals anticipated by 2004 federal Medicare legislation is affirmed where the suit was moot and did not fall under the "capable of repetition, yet evading review" exception to the mootness doctrine since plaintiff did not file for a preliminary injunction and there was no reasonable expectation that plaintiff will be subjected to the same action in the next plan amendment.

Appellate Information

• Argued 06/07/2006
• Decided 12/06/2006
• Published 12/06/2006

Judges

• RIPPLE, Circuit Judge., Before EASTERBROOK, Chief Judge, and RIPPLE and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Terrance J. Good (argued), Lashly & Baer, St. Louis, MO, for Plaintiff-Appellant.


• For Appellees:
  
• Mary E. Welsh (argued), Office of the Attorney General, Civil Appeals Division, Chicago, IL, for Defendant-Appellant Maram., William Kanter (argued), Department of Justice, Civil Division, Appellate Section, Jeffrica Jenkins Lee, Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Defendant-Appellee Centers for Medicare and Medicaid Services., James C. Cook, Walker & Williams, Belleville, IL, Jeffrey D. Pariser (argued), Hogan & Hartson, Washington, DC, for Intervenors-Appellees.