St. Louis Effort For AIDS v. Lindley-Myers, No. 16-3647 (8th Cir. 2017)
Annotate this CaseThe district court granted summary judgment to Effort for Aids in an action seeking to enjoin the Health Insurance Marketplace Innovation Act of 2013 (HIMIA), but denied attorney's fees under 42 U.S.C. 1988(b). The Eighth Circuit reversed the denial of attorney's fees, holding that Effort for AIDS's claims all arose from Missouri's passage of the HIMIA regulating Effort for AIDS, and thus the claims arose from a common nucleus of operative fact. The court remanded for further proceedings.
Court Description: Benton, Author, with Colloton and Kelly, Circuit Judges] Civil case - Attorney's Fees. In this action in which plaintiffs sued to enjoin Missouri's Health Insurance Marketplace Innovation Act of 2013, the district court erred in denying plaintiffs' motion for attorney's fees under 42 U.S.C. Sec. 1988(b); while the preemption claim on which plaintiffs prevailed is not fee-generating under the statute, this claim related to a substantial First Amendment claim, which was covered, and the the First Amendment and preemption claims arose from a common nucleus of operative fact - Missouri's passage of the Act. See Rogers Group, Inc. v. City of Fayetteville, Arkansas, 683 F.3d 903 (8th Cir. 2012).
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