Herman v. Schwent, 1999 U.S. App. LEXIS 10851 (8th Cir. May 27, 1999)-Before BOWMAN, Chief Judge, FAGG, Circuit Judge, and BOGUE, District Judge.
Department of Labor sued Schwent for alleged violations of ERISA. The District Court granted judgment against Schwent, and Schwent appealed. In Herman v. Mercantile Bank, N.A., 137 F.3d 584 (8th Cir. 1998), Eighth Circuit reversed and ordered the District Court to dismiss the Secretary's claims against Schwent. The Secretary's claims having been dismissed, Schwent applied pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (1994), for payment of his attorney fees and costs by United States. The District Court granted Schwent's application for costs but denied his application for attorney fees after determining the Secretary's position in the litigation was substantially justified. Schwent appealed. Eighth Circuit reversed denial of attorneys' fees.
