LAND OF LINCOLN MUTUAL HEALTH INSURANCE COMPANY, AN ILLINOIS NONPROFIT MUTUAL INSURANCE CORPORATION, Plaintiff-Appellant
UNITED STATES, Defendant-Appellee
from the United States Court of Federal Claims in No.
1:16-cv-00744-CFL, Judge Charles F. Lettow.
Jonathan Massey, Massey & Gail LLP, Washington, DC,
argued for plaintiff-appellant. Also represented by Daniel P.
Albers, Barnes & Thornburg LLP, Chicago, IL; Scott E.
Pickens, Washington, DC.
Beth Klein, Appellate Staff, Civil Division, United States
Department of Justice, Washington, DC, argued for
defendant-appellee. Also represented by Chad A. Readler,
August E. Flentje, Mark B. Stern, Carleen Mary Zubrzycki.
Bassman, Pepper Hamilton LLP, Philadelphia, PA, for amicus
curiae National Alliance of State Health CO-Ops. Also
represented by Marc D. Machlin, Washington, DC.
Lawrence Sher, Reed Smith LLP, Washington, DC, for amici
curiae Highmark Inc., Highmark BCBSD Inc., Highmark West
Virginia Inc., Blue Cross and Blue Shield of North Carolina,
Blue Cross of Idaho Health Service, Inc., Blue Cross and Blue
Shield of Kansas City. Also represented by Kyle Richard Bahr,
Conor Michael Shaffer, Colin E. Wrabley, Pittsburgh, PA.
Gordon Jarcho, McKenna Long & Aldridge, LLP, Washington,
DC, for amici curiae Avera Health Plans, DAKOTACARE.
Rosenbaum, Covington & Burling LLP, Washington, DC, for
amicus curiae Moda Health Plans, Inc. Also represented by
Berger Kiernan, Akin, Gump, Strauss, Hauer & Feld, LLP,
Washington, DC, for amicus curiae Americas Health Insurance
Plans. Also represented by Robert K. Huffman; Ruthanne Mary
Deutsch, Hyland Hunt, Deutsch Hunt PLLC, Washington, DC.
Stephen A. Swedlow, Quinn Emanuel Urquhart & Sullivan,
LLP, Chicago, IL, for amici curiae Health Republic Insurance
Company, Alliance of Community Health Plans. Also represented
by J. D. Horton, Adam Wolfson, Los Angeles, CA.
Goel, McDermott, Will & Emery LLP, Washington, DC, for
amici curiae Blue Cross and Blue Shield of South Carolina,
BlueChoice HealthPlan of South Carolina, Inc. Also
represented by M. Miller Baker, Joshua David Rogaczewski.
G. Hungar, Office of General Counsel, United States House of
Representatives, Washington, DC, for amicus curiae United
States House of Representatives. Also represented by Kimberly
Hamm, Todd B. Tatelman.
Prost, Chief Judge, Newman and Moore, Circuit Judges.
reasons stated in our decision in the companion case,
Moda Health Plan, Inc. v. United States, No.
17-1994, the statutory and contract claims of appellant Land
of Lincoln Mutual Health fail. Additionally, because Land of
Lincoln cannot state a contract claim, ...