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Kadel v. Folwell

Kadel v. Folwell

United States District Court for the Middle District of North Carolina

June 10, 2022, Decided; June 10, 2022, Filed

1:19CV272

Opinion

MEMORANDUM OPINION AND ORDER (CORRECTED VERSION)

LORETTA C. BIGGS, District Judge.

Plaintiffs are transgender individuals or the parents of transgender individuals who receive health insurance through the North Carolina State Health Plan for Teachers and State Employees ("NCSHP" or the "Plan"). (ECF No. 75 ¶¶ 1, 7-12.) They allege that the Plan's categorical exclusion of coverage for treatments "leading to or in connection with sex changes or modifications" discriminates against them on the basis of sex and transgender status in violation of the Equal Protection Clause and the Affordable Care Act ("ACA") and seek declaratory, injunctive, and monetary relief. (Id. ¶¶ 1, 139-53, 165-74.) Plaintiff Dana Caraway additionally alleges that NCSHP and her employer, the North Carolina Department of Public Safety ("DPS"), discriminated against her on the basis of sex by offering and administering the Plan in violation of Title VII of the Civil Rights Act of 1964. (Id. ¶¶ 175-188.) Before the Court are cross motions for summary judgment filed by DPS, NCSHP, and Plaintiffs, (ECF Nos. 132; 136; 178); Plaintiffs' motions [*6]  to exclude expert testimony, (ECF Nos. 202; 204; 206; 208; 212); and Plaintiffs' motions to seal, (ECF Nos. 182; 210).1

For the reasons stated herein, the Court finds that the Plan's exclusion discriminates based on sex and transgender status in violation of the Equal Protection Clause and discriminates because of sex in violation of Title VII. The Court will reserve a ruling on claims alleged under the ACA pending further Order from this Court.

I. BACKGROUND

A. Plaintiffs' experiences with the Plan

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2022 U.S. Dist. LEXIS 103780 *; 118 Fed. R. Evid. Serv. (Callaghan) 1398; __ F.Supp.3d __; 2022 WL 3226731

MAXWELL KADEL, et al., Plaintiffs, v. DALE FOLWELL, et al., Defendants.

Subsequent History: As Corrected August 10, 2022.

Appeal filed, 07/08/2022

Appeal filed, 07/12/2022

Appeal dismissed by Kadel v. N. Carolina State Health Plan for Teachers & State Emps., 2022 U.S. App. LEXIS 22342 (4th Cir., Aug. 11, 2022)

Prior History: Kadel v. Folwell, 446 F. Supp. 3d 1, 2020 U.S. Dist. LEXIS 42586, 2020 WL 1169271 (M.D.N.C., Mar. 10, 2020)

CORE TERMS

gender, dysphoria, sex, transgender, surgery, patients, reliable, scientific, medically necessary, discriminates, risks, coverage, hormone, employees, expert testimony, testifies, surgeon, surgical treatment, seal, informed consent, methodology, appears, therapy, transition, studies, ineffective, diagnosed, clinical, further order, summary judgment motion

Healthcare Law, Insurance Coverage, Health Insurance, Experimental Treatment, Patent Law, Statutory Bars, Experimental Use Exception, Elements, Medical Necessity, Evidence, Admissibility, Expert Witnesses, Daubert Standard, Testimony, Qualifications, Helpfulness, Civil Procedure, Judicial Officers, Judges, Discretionary Powers, Competency, Jurors, Deliberations, Summary Judgment, Entitlement as Matter of Law, Appropriateness, Judgments, Entitlement as Matter of Law, Genuine Disputes, Burdens of Proof, Movant Persuasion & Proof, Legal Entitlement, Burdens of Proof, Nonmovant Persuasion & Proof, Scintilla Rule, Constitutional Law, Equal Protection, Nature & Scope of Protection, Judicial Review, Standards of Review, Gender & Sex, National Origin & Race, Contracts Law, Contract Interpretation, Intent, Allocation, Materiality of Facts, Labor & Employment Law, Gender & Sex Discrimination, Employment Practices, Discharges, Business & Corporate Compliance, Discrimination, Federal & State Interrelationships, Title VII Discrimination, Scope & Definitions, Employers, Actionable Discrimination, Religious Discrimination, Covered Employees & Employers, Disparate Treatment, Scope & Definitions, Sexual Harassment, Employer Liability, Harassment by Supervisors, Business & Corporate Law, Agency Relationships, Establishment, Definitions, Elements, Application of Agency Law Principles, Employment Relationships, At Will Employment, Definition of Employers, Supporting Materials, Affidavits, Justiciability, Standing, Third Party Standing, Torts, Causation, Concurrent Causation, Sexual Orientation, Supremacy Clause, Federal Preemption, Supreme Law of the Land, Education Law, Title IX, Enforcement of Title IX, Racial Discrimination, Title VI, Enforcement of Title VI, Discrimination in Schools, Private Educational Institutions, Scope of Title IX, Protected Individuals, Injunctions, Grounds for Injunctions, Balance of Hardships, Remedies, Permanent Injunctions, Public Interest, Mandatory Injunctions, Fundamental Freedoms, Freedom of Speech, Scope, Governments, Courts, Court Records, Free Press, Public Access