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:

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:

Documents related to Petition for Attorneys' Fees:

Documents related to Motion to Amend and Supplement Complaint:

Superior Court Decision 2/8/23: Attorney's Fees Decision

Documents related to RISE Election to Transfer to Chancery:

Documents related to Defendants' Appeal:

Documents related to Further Superior Court Proceedings:

Documents related to Proceedings on Appeal from May 22 Superior Court Ruling:

RISE Delaware™

Retirees Investing in Social Equity


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RISE Delaware

P.O. Box 7262

Newark, DE 19714