Louisiana Children’s Medical Center v. Attorney General of the United States et al.

Date Filed: April 19, 2023
Status: Pending
District Court: U.S. District Court for the Eastern District of Louisiana – 2:23-cv-01890
Nature of Suit: Challenge of Regulatory Mandate
Defendant Type: Federal
Plaintiff Type: Private
Court Document: https://litigationtracker.law.georgetown.edu/wp-content/uploads/2023/05/LCMC_20230419_Complaint.pdf, https://litigationtracker.law.georgetown.edu/wp-content/uploads/2023/05/LCMC_20230718_FTC-MOTION-FOR-SUMMARY-JUDGMENT.pdf, https://litigationtracker.law.georgetown.edu/wp-content/uploads/2023/05/LCMC_20230718_LCMC-HCA-MOTION-FOR-SUMMARY-JUDGMENT.pdf, https://litigationtracker.law.georgetown.edu/wp-content/uploads/2023/05/LCMC_20230718_LA-MOTION-FOR-SUMMARY-JUDGMENT.pdf,

This suit is the combination of multiple separate actions. First, Louisiana Children’s Medical Center sued the United States Attorney General, Department of Justice, Federal Trade Commission, and the United States of America (Case 2:23-cv-01305). The plaintiff sought a declaration from the court that reporting requiremnts under the Hart-Scott-Rodino Antitrust Improvements Act do not apply to specific healthcare transactions that had been approved by the state via a Certificate of Public Advantage. At issue in this proceeding was LCMA’s acquisition of Tulane  University  Medical  Center, Lakeview  Regional  Medical Center, and Tulane Lakeside Hospital from HCA Healthcare, Inc. A separate suit filed by HCA Healthcare against the same defendants (2:23-cv-01311) on the same day and making the same claims was later consolidated on May 9, 2023.

On April 20, 2023, the FTC filed a petition for injunctive relief (1:23-cv-01103) asking the court to order LCMC to halt further integration of the three hospitals while the agency investigated whether the acquisition violates federal antitrust laws.

The FTC and LCMA/HTC actions named above were consolidated on June 22, 2023 (2:23-cv-01890). On July 18, 2023, both the plaintiff and the FTC moved for summary judgement. On the same day, the State of Louisiana joined as an intervenor to move for summary judgement and dismissal of FTC’s claims.

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