Action Alliance of Senior Citizens v. Leavitt

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge:

This case involves an effort on behalf of some 230,000 participants in the Medicare Part D prescription drug program to re*48sist — indeed to reverse — the government’s efforts to recover payments mistakenly made to those participants. The district court issued an injunction ordering the Secretary of Health and Human Services (the “Secretary”) (1) to refund monies to those participants who had, at the Secretary’s request, returned the errant payments and (2) to notify all recipients of a right to request…