United States Second Circuit
Mastrio v. Sebelius, Secretary of Health and Human Services, 13-2529
Judgment awarding attorneys' fees and costs to plaintiff under the Equal Access to Justice Act is reversed, where: 1) the temporary restraining order in this case effected only a return to the status quo and plaintiff was therefore not a prevailing party; and 2) the temporary restraining order was not a determination on the merits of plaintiff's case.
Appellate Information
- Decided 09/17/2014
- Published 09/17/2014
Judges
Court
- United States Second Circuit