Keith Gibson, Tom Schueck, Robert S. Moore, Jr., Alec Farmer, and Philip Taldo, Members of the Arkansas State…

Summary

The court reversed the award of $18.16 million in attorneys’ fees and costs because the applicable statute did not authorize fees against the State, no common fund was created, and the circumstances did not support extending the substantial-benefit exception. The court held that reallocating funds within the Department did not create new funds or provide the type of direct financial benefit previously recognized as sufficient for fees. It affirmed the denial of the contempt motion because the reimbursement order had been satisfied through accounting transfers.