Slarskey LLC Secures Sweeping Settlement in Pro Bono Constitutional Challenge Against HHS

November 4, 2026

Slarskey LLC, working alongside co-counsel Upper Seven Law, successfully represented, pro bono, a healthcare professional in a constitutional challenge against the U.S. Department of Health and Human Services (HHS), securing a sweeping and favorable settlement following emergency proceedings before the U.S. District Court for the Southern District of New York.

The litigation arose from HHS’s efforts to impose substantial financial penalties against a healthcare professional who had received federal funding in exchange for a commitment to serve medically underserved communities. Although the client remained within the same hospital system, continued serving the same patient population, and offered to repay the entirety of the federal funding he had received, HHS sought to enforce a statutory penalty scheme imposing financial consequences far exceeding the amount of the original award. Slarskey LLC and Upper Seven Law challenged the agency’s actions on constitutional and statutory grounds, arguing, among other things, that the government’s effort to impose punitive monetary sanctions through an administrative enforcement process violated the Seventh Amendment’s guarantee of a jury trial and exceeded the permissible scope of the agency's statutory authority. The case presented significant questions concerning the constitutional limits of administrative adjudication, the distinction between remedial and punitive government sanctions, and the extent to which federal agencies may impose extraordinary financial penalties on individuals who have substantially fulfilled the public-service objectives of federal programs.

Slarskey LLC and Upper Seven Law moved for and presented oral argument in support of a temporary restraining order before the Southern District of New York, seeking immediate judicial intervention to protect their client from the challenged government action. Following those proceedings, the parties reached a comprehensive negotiated resolution that substantially vindicated the client’s position and delivered meaningful relief from the government’s enforcement demands. The outcome underscores the importance of judicial oversight of federal administrative power, particularly where agencies seek to impose severe financial consequences without the procedural safeguards guaranteed by the Constitution. It also reflects the firm’s commitment to sophisticated, high-stakes litigation at the intersection of constitutional law, federal regulatory authority, and individual rights. The Slarskey LLC team was led by Partner Adam Hollander and Associate Luc C. Pierre-Louis, who worked closely with Upper Seven Law to advance the constitutional challenge, litigate the emergency application, and achieve a favorable resolution for their client.