Firm Represents New York’s Largest Grocery Store Union In Complaint Over Unfair Pricing of Certain Inpatient Hospital Services
NEW YORK – September 10, 2025 – DiCello Levitt, Labaton Keller Sucharow, and Garwin Gerstein & Fisher have filed a class action lawsuit against The New York and Presbyterian Hospital (NYP) on behalf of United Food and Commercial Workers (UFCW) Local 1500 Welfare Fund — New York’s largest grocery store union. The lawsuit alleges that NYP has engaged in anticompetitive practices that have inflated the cost of inpatient hospital services across New York City.
The complaint, filed in the United States District Court for the Eastern District of New York, claims that NYP has used its market dominance to impose restrictive contract terms on insurers, including anti-steering provisions, “All Products Clauses,” and gag clauses that suppress price transparency. These tactics allegedly prevent health plans from directing patients to lower-cost providers and force the inclusion of all NYP facilities in top-tier insurance networks — regardless of cost or quality.
UFCW Local 1500 Welfare Fund, which provides healthcare benefits to thousands of union members, alleges that NYP’s practices have led to excessive healthcare expenditures and reduced competition in the market for general acute care (GAC) inpatient hospital services.
“NYP is unfairly leveraging its market power to limit price competition, leaving payors with no choice but to accept inflated rates,” said Partner Greg Asciolla, Chair of DiCello Levitt’s Antitrust Practice Group and Managing Partner of the firm’s New York office. “We are committed to restoring fairness and transparency in New York’s healthcare market.”
The class action seeks to represent all entities that paid NYP for GAC inpatient hospital services in New York City since July 25, 2021. The lawsuit alleges violations of federal and state antitrust laws, including the Sherman Act and New York’s Donnelly Act, and seeks actual damages, treble damages, disgorgement of profits, injunctive relief, attorneys’ fees, and pre- and post-judgment interest.
The case is UFCW Local 1500 Welfare Fund v. The New York and Presbyterian Hospital, Case No. 2:25-cv-05023 in the United States District Court for the Eastern District of New York. A copy of the complaint is available here.
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Media Contact Caitlin Whitehurst, Director of Communications, cwhitehurst@dicellolevitt.com, 440-953-8888