Legal Opinion
Stern Ex Rel. Mohr v. Wisconsin Department of Health & Family Services
Court of Appeals of Wisconsin
Decided July 16, 1997No. 96-2381PublishedCited by 11 opinions
1Opinion of the CourtAnderson, J.
Eugene Stern, by his guardian, June Mohr, appeals the trial court's denial of his request for reasonable attorney's fees under the Wisconsin Equal Access to Justice Act, § 814.245, Stats. We conclude that both the prelitigation and litigation position of the Department of Health and Family Services (DHFS) in its attempt to terminate Stern's medical assistance benefits (MA) was not substantially justified and was, simply put, unconscionable. The trial court's finding to the contrary constitutes an erroneous exercise of discretion; we therefore reverse.
Since 1989, Stern has been living in a…
2Cases cited9 opinions
- Goldberg v. KellySupreme Court of the United States · 1970
- Michelle Dewalt v. Louis W. Sullivan, Secretary of Health and Human ServicesCourt of Appeals for the Third Circuit · 1992
- Sheely v. Wisconsin Department of Health & Social ServicesWisconsin Supreme Court · 1989
- Hanrahan v. ShalalaDistrict Court, E.D. Wisconsin · 1993
- Bracegirdle v. State Department of Regulation & Licensing, Board of Nursing & Division of EnforcementCourt of Appeals of Wisconsin · 1990
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Farmer v. South Dakota Department of Revenue & RegulationSouth Dakota Supreme Court · 2010
- Northern States Power Co. v. South Dakota Department of RevenueSouth Dakota Supreme Court · 1998
- Board of Regents of the University of Wisconsin System v. StateWisconsin Supreme Court · 2002
- Stern Ex Rel. Mohr v. Wisconsin Department of Health & Family ServicesCourt of Appeals of Wisconsin · 1998
- Bidstrup v. Wisconsin Department of Health & Family ServicesCourt of Appeals of Wisconsin · 2001
6 more not listed; retrieve them via the Exa API.