Filed Date: March 13, 2013
Closed Date: 2014
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On March 13, 2013, a for-profit company filed this lawsuit in the United States District Court for the Eastern District of Missouri under 42 U.S.C. §1983, the Religious Freedom Restoration Act, and the Administrative Procedure Act against the U.S. Department of Health and Human Services. The plaintiff, represented by the American Center for Law and Justice, asked the court for an exception to the Affordable Care Act (ACA) mandate requiring employers to provide health insurance coverage of contraception. Specifically, the plaintiff claimed that providing insurance coverage of contraception would violate the religious beliefs of the company's owners.
On April 1, 2013, United States District Judge Audrey G. Fleissig granted the plaintiff's unopposed motion for preliminary injunction and stay of the case. The court ordered the defendant not to enforce the ACA insurance mandate regarding contraception against the plaintiffs until 30 days after the appeal of either of the cases (1) O'Brien v. U.S. Dep't of Health and Human Services, 894 F.Supp.2d 1149 (E.D. Mo. 2012) or (2) Annex Medical, Inc. v. Sebelius, No. 12–2804 2013 WL 101927 (D. Minn. Jan. 8, 2013), was decided by the Eighth Circuit, whichever occurred first. Both of these cases involved similar legal issues and the same defendant.
Before a decision was reached in either case, on June 30, 2014, the Supreme Court issued a decision in Burwell v. Hobby Lobby Stores, Inc., 134 S. Ct. 2751 (2014), a substantially similar case. In a 5-4 opinion by Justice Alito, the Court held that the HHS regulations imposing the contraceptive mandate violate RFRA, when applied to closely-held for-profit corporations.
In light of this decision, on November 10, 2014, the parties submitted a Joint Motion for Entry of Injunction and Judgment, in which they jointly agreed that that judgment should be entered in favor of the plaintiffs on their Religious Freedom Restoration Act claim, that a permanent injunction should be entered, that all other claims against the defendants should be dismissed, and that the deadline for any petition by plaintiffs for attorneys' fees should be extended to 60 days after the entry of judgment.
On November 18, 2014, Judge Fliessig signed the consent injunction and judgment, and the case was dismissed. The plaintiffs never moved for attorneys' fees.
Summary Authors
Mallory Jones (11/15/2013)
Elizabeth Greiter (11/2/2017)
O'Brien v. HHS, Eastern District of Missouri (2012)
Annex Medical, Inc. v. Sebelius, District of Minnesota (2012)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4299162/parties/bick-holdings-inc-v-united-states-department-of-health-human-services/
Fleissig, Audrey Goldstein (Missouri)
Gammill, Carly F. (Tennessee)
Manion, Francis J (Kentucky)
Surtees, Geoffrey R. (Kentucky)
White, Edward L. III (Michigan)
Zimmerman, Erik M. (Kentucky)
Bennett, Michelle Renee (District of Columbia)
Branda, Joyce R. (District of Columbia)
Callahan, Richard G. (Missouri)
Delery, Stuart F. (District of Columbia)
Fleissig, Audrey Goldstein (Missouri)
Gammill, Carly F. (Tennessee)
Manion, Francis J (Kentucky)
Surtees, Geoffrey R. (Kentucky)
White, Edward L. III (Michigan)
Zimmerman, Erik M. (Kentucky)
Bennett, Michelle Renee (District of Columbia)
Branda, Joyce R. (District of Columbia)
Callahan, Richard G. (Missouri)
Delery, Stuart F. (District of Columbia)
Gershengorn, Ian Heath (District of Columbia)
Lieber, Sheila M. (District of Columbia)
Ricketts, Jennifer (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/4299162/bick-holdings-inc-v-united-states-department-of-health-human-services/
Last updated April 28, 2023, 3:12 a.m.
State / Territory: Missouri
Case Type(s):
Special Collection(s):
Contraception Insurance Mandate
Key Dates
Filing Date: March 13, 2013
Closing Date: 2014
Case Ongoing: No
Plaintiffs
Plaintiff Description:
A for-profit company seeking an exception to the Affordable Care Act's mandate requiring employers to provide health insurance coverage of contraception because it violates the owner's religious beliefs.
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Department of Health and Human Services, Federal
Department of the Treasury , Federal
Defendant Type(s):
Case Details
Causes of Action:
Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Constitutional Clause(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Preliminary injunction / Temp. restraining order
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 2013 - None
Content of Injunction:
Issues
General:
Discrimination-basis:
Type of Facility: