Schoolcraft v. Shalala

No. 91-1643 (8th Cir. Apr. 6, 1995) ; Clearinghouse Number: 45479

Description

Plaintiffs Awarded $36,000 in Challenge to Minnesota’s Standards for Determining Disability Based on Alcoholism or Substance Abuse

Abstract

The Eighth Circuit has granted plaintiff disability claimants’ motion for attorney fees and costs in this class action challenging the Minnesota Disability Determination Service’s and HHS’s standards and practices for determining disability based on alcoholism or substance abuse. The district court had denied plaintiffs’ motion for class certification and dismissed the action for lack of jurisdiction under 42 U.S.C. § 405(g). On appeal, the Eighth Circuit reversed. Defendants appealed to the Supreme Court. Pending that appeal, the parties settled, contingent on vacatur of the Eighth Circuit’s decision. The Supreme Court, however, denied the parties’ joint motion for certiorari, vacatur of the Eighth Circuit’s decision, and remand to the district court. Subsequently, the parties stipulated a settlement that expressly reserved the issue of attorney fees. Arguing that they were prevailing parties under the Equal Access to Justice Act, plaintiffs sought a total of $104,080 in fees. Plaintiffs argued that they were entitled to fees for time spent following the district court’s decision and that hourly rates ranging from $185 to $210 per hour were appropriate. The court of appeals awarded plaintiffs $36,000, based on an hourly rate of $120. The court reduced the total number of hours claimed by plaintiffs by 50 percent because they did not completely prevail. Noting that there was no substantial justification for the extent of the litigation, the court held that, although HHS had a justifiable right to challenge the jurisdictional issue before the district court, it had never satisfactorily explained why the suit was not settled sooner.

Additional Information

Attorney Information
Laurie Davison, Francesca Chervenak, Kathleen Davis, Legal Aid Society of Minneapolis, 323 Fourth Ave. S., Minneapolis, MN 55415, (612) 332-1441; Barbara Kuhn.
Docket Date
1995-04-06 00:00:00+00:00