Rise Delaware™
Retirees Investing in Social Equity Delaware
RISE Delaware's lawsuit: documents filed in Court
On September 25, 2022, RISE Delaware filed a Complaint in the Delaware Superior Court against various State defendants to stop implementation of their unlawfully adopted Medicare Advantage healthcare plan for Medicare-eligible State retirees.
The basis for the Appellees' Complaint was that the Appellants had failed to comply with the requirements of the State's Administrative Procedures Act ("APA") and Freedom of Information Act ("FIOA") found in Delaware Code, Title 29, by surreptitiously acting to convert State retirees' healthcare benefit from a Medicare Supplement for traditional Medicare to a Medicare Advantage plan.
Medicare Advantage is very different from, and far inferior to, the healthcare plan that has been covering approximately 30,000 eligible State retirees. That conversion would have profoundly and harmfully impacted their healthcare benefits.
You can review the most significant documents related to RISE Delaware's court case below, including the Superior Court's Decision on October 19, 2022 granting a stay of the State's implementation of Medicare Advantage.
This website has recently been updated with various filings by the parties through June of 2023. Note: This page is organized by date, so the most recent documents will be at the bottom.
September 25th | The Complaint as filed
October 4th | The Motion to Stay the implementation of the new Highmark Medicare Advantage Plan includes the following documents as filed:
- Plaintiffs' Motion to Stay
- Proposed Order on Motion to Stay
- Plaintiff's Opening Brief in support of Motion to Stay
The following six affidavits were filed in support of the Plaintiffs' Motion to Stay:
October 11th | SEBC Opposition Brief and Affidavit of Faith Rentz
October 13th | RISE DE Reply Brief
Superior Court Order 10/19/22: The Honorable Calvin Scott's interim Order in favor of RISE Delaware lawsuit
Documents related to Communications Claim:
- November 9th | Plaintiffs' Motion for Partial Summary Judgment on their Communications Claim
- November 14th | Defendants' Cross-Motion for Summary Judgment
- November 18th | Stipulation for Partial Dismissal of Count III
Documents related to Petition for Attorneys' Fees:
- November 14th | Plaintiffs' Petition for Attorneys' Fees
- November 14th | Plaintiffs' Opening Brief in Support
- November 22nd | Defendants' Brief in Opposition
- December 2nd | Plaintiffs' Reply Brief in Support
Documents related to Motion to Amend and Supplement Complaint:
- December 2nd | Plaintiffs' Motion to Amend and Supplement Their Complaint
- December 7th | Defendants' Response in Opposition
Superior Court Decision 2/8/23: Attorney's Fees Decision
Documents related to RISE Election to Transfer to Chancery:
- February 15 | RISE Notice of Election to Transfer filed in Superior Court
- February 22 | RISE Verified Petition filed in Chancery Court
- June 5 | Stipulated Stay of Chancery Proceedings
Documents related to Defendants' Appeal:
- February 15 | Defendants' Notice of Appeal in Superior Court to Delaware Supreme Court
- February 16 | Supreme Court Notice to Show Cause issued to Defendants/Appellants
- February 23 | Appellants'/Defendants' Response to Notice to Show Cause
- February 23 | Letter For Response from Plaintiffs to Defendants' Response to Notice to Show Cause
- March 3 | Plaintiffs' response in the Supreme Court
- March 10 | Plaintiffs' [Contingent] Notice of Cross-Appeal
- April 3 | Supreme Court Order Dismissing State's Appeal as premature
Documents related to Further Superior Court Proceedings:
- April 21 | Defendants' Motion for Entry of Final Judgement
- May 10 | Plaintiffs' Opposition
- May 22, 2023 | Superior Court Ruling
Documents related to Proceedings on Appeal from May 22 Superior Court Ruling:
- May 22 | State's Notice of Appeal
- May 25 | State's Opening Brief On Its Appeal
- June 21 | Plaintiffs' Notice of Cross Appeal
- September 6 | Plaintiffs' Opening Brief opposing the State's appeal and in support of Plaintiffs' request for attorneys' fees
- October 3 | State's Reply Brief On Its Appeal and opposing Plaintiffs' cross appeal regarding attorney's fees
- October 19 | Plaintiffs' Reply Brief In Support Of Their Cross Appeal regarding attorneys' fees