Matthew M. Leighton
Areas of Focus
Overview
Combining his experience with the legislative process, as a health care industry analyst within a law firm, and as an attorney, Matt provides clients comprehensive insight to their legal goals.
Career & Education
- United States House of Representatives
2010–2013
- United States House of Representatives
- Mitchell Hamline School of Law, J.D., 2019
- University of Minnesota Twin Cities, B.A., 2009
- Minnesota
- District of Columbia
- U.S. District Court for the District of Minnesota
- U.S. District Court for the District of North Dakota
Matthew's Insights
Client Alert | 4 min read | 07.21.25
Not So Surprising: The Fifth Circuit Finds No Private Right of Action in the No Surprises Act
On June 12, 2025, the Fifth Circuit ruled in Guardian Flight I[i] and Guardian Flight II[ii] that the No Surprises Act (“NSA”) does not confer a private right of action on parties to confirm an Independent Dispute Resolution (“IDR”) award in court. The Fifth Circuit is the first United States Court of Appeals to weigh in on the issue, which has divided some district courts. On July 11, 2025 the Fifth Circuit denied Appellant’s request for en banc review of the Court’s finding that the NSA lacks a private right of action.[iii] The panel’s ruling is now final and controlling precedent for the Fifth Circuit unless overturned by the Supreme Court.
Representative Matters
- Advised large health insurance company on the evolving judicial interpretation of challenges to the No Surprises Act and arbitration awards issued under that law.
- Successfully represented large health insurer in defense of ERISA action brought by billing company. Helped eliminate client’s defensive risk through affirmative counterclaims alleging fraud against plaintiff and over twenty providers.
- Represented numerous health insurers in disputes with health care providers who used tax-exempt patient assistance charities to enroll Medicaid-eligible patients in higher reimbursing health care plans available through Health Insurance Exchanges.
- Represented numerous health insurers in disputes with pharmaceutical manufacturers who used tax-exempt patient assistance charities to fund Medicare Advantage enrollees’ out-of-pocket drug costs in ways that violated federal law and guidance from the Department of Health and Human Services’s Office of Inspector General.
- Developed factual basis for large health insurer suit against specialty provider accused of engaging in pass-through billing.
- Defended health insurance companies in CARES Act litigation brought by diagnostic laboratories.
- Leveraged multiple settlements by the Department of Justice with health care providers to recover millions of dollars on behalf of Medicare Advantage organizations and Medicare prescription drug plans through pre-suit negotiations.
- Successfully obtained preliminary injunction of an eminent domain action while representing family whose land was being condemned by a North Dakota municipality.
- Drafted appellate brief that successfully overturned the denial of a motion to quash. Appeal was before the Third Circuit Court of Appeals and was decided without argument.
Matthew's Insights
Client Alert | 4 min read | 07.21.25
Not So Surprising: The Fifth Circuit Finds No Private Right of Action in the No Surprises Act
On June 12, 2025, the Fifth Circuit ruled in Guardian Flight I[i] and Guardian Flight II[ii] that the No Surprises Act (“NSA”) does not confer a private right of action on parties to confirm an Independent Dispute Resolution (“IDR”) award in court. The Fifth Circuit is the first United States Court of Appeals to weigh in on the issue, which has divided some district courts. On July 11, 2025 the Fifth Circuit denied Appellant’s request for en banc review of the Court’s finding that the NSA lacks a private right of action.[iii] The panel’s ruling is now final and controlling precedent for the Fifth Circuit unless overturned by the Supreme Court.
Practices
Matthew's Insights
Client Alert | 4 min read | 07.21.25
Not So Surprising: The Fifth Circuit Finds No Private Right of Action in the No Surprises Act
On June 12, 2025, the Fifth Circuit ruled in Guardian Flight I[i] and Guardian Flight II[ii] that the No Surprises Act (“NSA”) does not confer a private right of action on parties to confirm an Independent Dispute Resolution (“IDR”) award in court. The Fifth Circuit is the first United States Court of Appeals to weigh in on the issue, which has divided some district courts. On July 11, 2025 the Fifth Circuit denied Appellant’s request for en banc review of the Court’s finding that the NSA lacks a private right of action.[iii] The panel’s ruling is now final and controlling precedent for the Fifth Circuit unless overturned by the Supreme Court.
