Legal Opinion
Alcresta Therapeutics, Inc. v. Azar
Court of Appeals for the D.C. Circuit
Decided June 28, 2018No. Civil Action No. 18–243 (TJK)PublishedCited by 13 opinions
1Opinion of the Court
TIMOTHY J. KELLY, United States District Judge
On June 26, Plaintiffs filed an Emergency Motion (the "Emergency Motion") for an Injunction Pending Appeal of the Court's Order denying their Motion for Preliminary Injunction. See ECF No. 50 ("Emer. Mot."). For the reasons set forth below, the Emergency Motion is denied.
I. Background
On February 2, 2018, Plaintiffs Alcresta Therapeutics, Inc. ("Alcresta") and Jonathan Flath filed suit against the Secretary of Health and Human Services, alleging that the agency improperly failed to grant Alcresta a new billing code for one of its products,…
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