California Medical Ass'n v. Shalala

KOZINSKI, Circuit Judge:

We consider whether a party that has paid its adversary’s attorney’s fees can petition under Fed.R.Civ.P. 60(b)(5) for relief from the fee judgment, if the underlying merits judgment is reversed.

I

California Medical Association and the other plaintiffs (collectively the “Associations”) provide medical services to Medicare beneficiaries. The Associations sued for higher reimbursements under 42 U.S.C. § 1983 and the Medicare statute, 42 U.S.C. § 1396 et seq. The district court ruled for the Associations and subsequently granted their 42 U.S.C. § 1988 motion for attorney’s…