Legal Opinion

Mastrio v. Sebelius, Secretary of Health and Human Services

Court of Appeals for the Second Circuit

Decided September 17, 2014No. Docket 13-2529-cvPublishedCited by 54 opinions

1Per curiam

Defendant-Appellant Kathleen Sebelius, the Secretary of Health and Human Services (“the government”), appeals the May 2, 2013 judgment of the district court awarding attorneys’ fees and costs in favor of Plaintiff-Appellee Eileen Mastrio, as administrator for Eileen Prendergast (deceased) (“Plaintiff’). 1 Specifically, the government appeals the determination of the District Court for the District of Connecticut (Arterton, J.) that the issuance of a temporary restraining order (“TRO”), reinstating Prendergast’s home health care benefits, conferred on her “prevailing party” status for purposes…

2Cases cited8 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Pierce v. UnderwoodSupreme Court of the United States · 1988
  3. LaRouche v. KezerCourt of Appeals for the Second Circuit · 1994
  4. Garcia v. Yonkers School DistrictCourt of Appeals for the Second Circuit · 2009
  5. Christopher P. ex rel. Norma P. v. MarcusCourt of Appeals for the Second Circuit · 1990

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3Cited by54 opinions

  1. N. Am. Soccer League, LLC v. U.S. Soccer Fed'n, Inc.Court of Appeals for the Second Circuit · 2018
  2. A.H. v. FrenchCourt of Appeals for the Second Circuit · 2021
  3. JLM Couture, Inc. v. GutmanCourt of Appeals for the Second Circuit · 2024
  4. Gonzalez v. New York State Department of Corrections & Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2017
  5. Paykina ex rel. E.L. v. LewinDistrict Court, N.D. New York · 2019

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