Swedish Hospital Corp. v. Shalala

MEMORANDUM AND ORDER

BRYANT, Senior District Judge.

This memorandum addresses plaintiffs’ petition for attorneys’ fees in a group of cases, brought by Medicare provider hospitals, challenging the 1979 Malpractice Rule changing the method for calculating reimbursement of malpractice insurance premiums. 2 Plaintiffs prevailed on the merits. Petitioners now seek attorneys’ fees and expenses under the “bad faith” fees provision of the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(b) (1988), which provides the same relief against the government as would be available against any other party…