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Civil Practice : Summary Judgment – Attorney Fees – Common Nucleus
Stephanie Maniscalco//December 28, 2017
Civil Practice : Summary Judgment – Attorney Fees – Common Nucleus
Stephanie Maniscalco//December 28, 2017
Where appellant was granted summary judgment in its suit to enjoin the Health Insurance Marketplace Innovation Act of 2013 and sought attorney fees, even though Congress intended fees to be awarded where a pendent constitutional claim is involved, even if the statutory claim on which the plaintiff prevailed is one for which fees cannot be awarded under the Act, if the fee generating claim and the successful claim arise from a common nucleus of operative fact, attorney fees can be awarded.
Judgment reversed and remanded.
St. Louis Effort for AIDS, et al. v. Lindley-Myers, et al. (MLW No. 71261/Case No. 16-3647-7 pages) (Benton, J.) Appealed from U.S. District Court, Western District of Missouri, Smith, J. (Jay Angoff, Washington DC for appellants, Jane Perkins and Abbi Coursolle, Carboro, NC and Joanna Wasik, Washington, DC appeared on appellant brief) (D. Ryan Taylor, AAG, Kansas City, for appellee).
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