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August 18, 2023

Washington Roundup

On August 10, 2023, the U.S. Supreme Court issued an order staying a U.S. Court of Appeals for the Second Circuit mandate in the Purdue Pharmacy bankruptcy proceeds and granting cert on the following issue:

Whether the Bankruptcy Code authorizes a court to approve, as part of a plan of reorganization under Chapter 11 of the Bankruptcy Code, a release that extinguishes claims held by nondebtors against nondebtor third parties, without the claimants’ consent.

The Court’s order also directs “the Clerk * * * to establish a briefing schedule that will allow the case to be argued in the December 2023 argument session.”  

On August 11, 2023, the Centers for Medicare and Medicaid Services issued a set of FAQs on No Surprises Act arbitrations in the wake of U.S. District Judge Jeremy Kernodle’s latest decision in favor of the Texas Medical Association.

On August 16, 2023, press reports indicated that Congressional leadership has agreed to a continuing resolution funding the federal government at current levels from October 1, 2023, through early December 2023.  Congress will take up the resolution when it returns from its August work break next month. 

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