Because the current record does not provide a sufficient basis for doing so, a remand is necessary so that the district court can conduct an appropriate inquiry. The Plaintiff must obtain an enforceable judgment against the defendant from whom fees are sought or comparable relief through a consent decree or settlement. See Baumgartner v. Harrisburg Hous. I find the Fourth Circuit's analysis compelling and would thus follow its lead down that path less traveled. In re Burlington N., Emp.
Some additional facts help to understand the distinction.
Ac- cordingly, Indiana modified its resource rules to comply with federal requirements. The Zinns filed this class ac- tion challenging Indiana's modification. In their lawsuit the Zinns adamantly maintained that a ruling by a divi- sion of the Department of Health and Human Services caused Indiana to change its rules to the detriment of the Zinns. While the lawsuit was pending, the federal govern- ment passed the Medicare Catastrophic Coverage Act of 1988. This caused Health and Human Services to change its rules, which enabled Indiana to return to its former and more generous method of determining eligibility.