Stephen P. Sugarbaker, M. D. v. Ssm Health Care, D/B/A St. Marys Health Ctr., 187 F.3d 853 (8th Cir. 1999). · Go Syfert
Stephen P. Sugarbaker, M. D. v. Ssm Health Care, D/B/A St. Marys Health Ctr., 187 F.3d 853 (8th Cir. 1999). Cases Citing This Book View Copy Cite
“he reasonableness requirements contained in section 11112(a) necessitate an objective inquiry.”
54 citation events (52 in the last 25 years) across 13 distinct courts.
Strongest positive: James B. Hurwitz, M.D. v. Ahs Hospital Corp. (njsuperctappdiv, 2014-11-24)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 39 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) James B. Hurwitz, M.D. v. Ahs Hospital Corp. (5×) also: Cited "see, e.g."
N.J. Super. Ct. App. Div. · 2014 · quote attribution · 1 verbatim quote · confidence high
he reasonableness requirements contained in section 11112(a) necessitate an objective inquiry.
cited Cited as authority (rule) Rich Elbert, Jeff A. Kosek, Reichmann Land & Cattle LLP, Ludowese A.E. Inc., and Michael Stamer v. Brooke Rollins, Patricia Swanson, and Director of the Federal Crop Insurance Corporation
D. Minnesota · 2026 · confidence medium
Sugarbaker v. SSM Health Care, 187 F.3d 853, 856 (8th Cir. 1999).
cited Cited as authority (rule) Laguna Ortega v. Experian Information Solutions, Inc.
D. Neb. · 2025 · confidence medium
Id. (quoting Sugarbaker v. SSM Health Care, 187 F.3d 853, 856 (8th Cir. 1999)).
discussed Cited as authority (rule) Osseo Area Schools, Independent School District No. 279 v. A.J.T. (2×) also: Cited "see"
D. Minnesota · 2025 · confidence medium
Sugarbaker v. SSM Health Care, 187 F.3d 853, 856 (8th Cir. 1999).
cited Cited as authority (rule) Cole v. United States Marshals Service
D. Minnesota · 2024 · confidence medium
Sugarbaker v. SSM Health Care, 187 F.3d 853, 856 (8th Cir. 1999).
discussed Cited as authority (rule) New Oil Christian Center v. GuideOne Insurance Company
D. Minnesota · 2024 · confidence medium
“Miscalculation of a filing deadline can constitute excusable neglect, even though failure to comply with a deadline is within the party's own control.” HSK, LLC, 248 F. Supp. 3d at 942 (citing Sugarbaker v. SSM Health Care, 187 F.3d 853, 856 (8th Cir. 1999)).
discussed Cited as authority (rule) J.V. & Sons Trucking, Inc. v. Asset Vision Logistics, LLC
D. Minnesota · 2023 · confidence medium
In evaluating excusable neglect, courts evaluate “all relevant circumstances” and address four factors in particular: “(1) the possibility of prejudice to [the other party]; (2) the length of [the proponent’s] delay and the possible impact of that delay on judicial proceedings; (3) [the party’s] reasons for the delay, including whether the delay was within its reasonable control; and (4) whether [the party] acted in good faith.” Sugarbaker v. SSM Health Care, 187 F.3d 853, 856 (8th Cir. 1999) (quoting Johnson v. Dayton Elec.
discussed Cited as authority (rule) Meranelli v. Minnesota Department of Human Services
D. Minnesota · 2023 · confidence medium
Those four factors are: “(1) the possibility of prejudice to [Plaintiff]; (2) the length of [Defendants’] delay and the possible impact of that delay on judicial proceedings; (3) [Defendants’] reasons for delay, including whether the delay was within [Defendants’] reasonable control; and (4) whether [Defendants’] acted in good faith.” Id (quoting Sugarbaker v. SSM Health Care, 187 F.3d 853, 856 (8th Cir. 1999)).
cited Cited as authority (rule) Core and Main, LP v. McCabe
D. Minnesota · 2022 · confidence medium
Sugarbaker v. SSM Health Care, 187 F.3d 853, 856 (8th Cir. 1999) (internal quotation marks omitted).
cited Cited as authority (rule) Taylor v. Morgan
E.D. Mo. · 2022 · confidence medium
Sugarbaker v. SSM Health Care, 187 F.3d 853, 856 (8th Cir. 1999).
discussed Cited as authority (rule) Jones v. Ware
E.D. Mo. · 2022 · confidence medium
“These four factors are not equally important; ‘the excuse given for the late filing must have the greatest import’ and ‘will always be critical to the inquiry.’” Treasurer, Trustees of Drury Indus., Inc. Health Care Plan and Tr. v. Goding, 692 F.3d 888, 893 (8th Cir. 2012) (quoting Lowry v. McDonnell Douglas Corp., 211 F.3d 457, 463 (8th Cir. 2000)). “[E]xcusable neglect includes late filings caused by inadvertence, mistake or carelessness.” Id. (quoting Sugarbaker v. SSM Health Care, 187 F.3d 853, 856 (8th Cir. 1999)).
discussed Cited as authority (rule) Motal v. Allstate Property and Casualty Insurance Company
E.D. Ark. · 2022 · confidence medium
The Eighth Circuit has recognized that excusable neglect may include “late filings caused by inadvertence, mistake, or carelessness.” Treasurer, Trs. of Drury Indus., Inc. Health Care Plan & Tr. v. Goding, 692 F.3d 888, 893 (8th Cir. 2012) (quoting Sugarbaker v. SSM Health Care, 187 F.3d 853, 856 (8th Cir. 1999)).
discussed Cited as authority (rule) New Prime, Inc. v. Federal Insurance Company
W.D. Mo. · 2021 · confidence medium
Co., 507 U.S. at 395 . “‘[T]he following factors are particularly important: (1) the possibility of prejudice to [Plaintiff]; (2) the length of [Defendant’s] delay and the possible impact of that delay on judicial proceedings; (3) [Defendant’s] reasons for delay, including whether the delay was within [its] reasonable control; and (4) whether [Defendant] acted in good faith.” Id. (quoting Sugarbaker v. SSM Health Care, 187 F.3d 853, 856 (8th Cir.1999)).
cited Cited as authority (rule) Walton v. Myers
D. Neb. · 2021 · confidence medium
Mar. 24, 2020) (citing Sugarbaker v. SSM Health Care, 187 F.3d 853, 855-56 (8th Cir. 1999)).
discussed Cited as authority (rule) Fellows v. Minnesota Association of Professional Employees
D. Minnesota · 2021 · confidence medium
The court reasoned: “We have recognized that ‘excusable neglect includes late filings caused by inadvertence, mistake or carelessness.’ To be reasonable, it is not necessary that the neglect be ‘caused by circumstances beyond the control of the movant.’” Id. at 893 (first quoting Sugarbaker v. SSM Health Care, 187 F.3d 853, 856 (8th Cir. 1999); then quoting Lowry, 211 F.3d at 463 ).
cited Cited as authority (rule) Nixon v. Ethicon, Inc.
W.D. Ark. · 2020 · confidence medium
Chorosevic v. MetLife Choices, 600 F.3d 934, 946 (8th Cir. 2010) (citing Sugarbaker v. SSM Health Care, 187 F.3d 853, 856 (8th Cir. 1999)). lt.
discussed Cited as authority (rule) Kushner v. Buhta (2×) also: Cited "see"
D. Minnesota · 2019 · confidence medium
Minn. Oct. 6, 2015) (citing Sugarbaker v. SSM Health Care, 187 F.3d 853, 856 (8th Cir. 1999)).
examined Cited as authority (rule) Treasurer, Trustees of Drury Industries, Inc. Health Care Plan & Trust v. Goding (3×) also: Cited "see, e.g."
8th Cir. · 2012 · confidence medium
We have recognized that “excusable neglect includes late filings caused by inadvertence, mistake or carelessness.” Sugarbaker v. SSM Health Care, 187 F.3d 853, 856 (8th Cir.1999) (internal quotation marks omitted).
cited Cited as authority (rule) Chorosevic v. MetLife Choices
8th Cir. · 2010 · confidence medium
Sugarbaker v. SSM Health Care, 187 F.3d 853, 855-56 (8th Cir.1999).
discussed Cited as authority (rule) Stephen Tancredi and Ronald Speidel v. Metropolitan Life Insurance Company, a New York Stock Company, and Metlife, Inc., a Delaware Holding Company
2d Cir. · 2004 · confidence medium
See, e.g., Allen v. Murph, 194 F.3d 722, 723-24 (6th Cir.1999) (the “district court could permit a late filing only if the delay was *227 the result of ‘excusable neglect’ ” where the party failed to move for attorneys’ fees or to request an extension of time within fourteen days of judgment); Sugarbaker v. SSM Health Care, 187 F.3d 853, 855-56 (8th Cir.1999) (applying the “excusable neglect” standard to an untimely fee request); Horsford v. The Salvation Army, 2002 WL 31175221 , at *2 (S.D.N.Y.
cited Cited as authority (rule) Darius J. Whitson v. Marriott Pavillon
8th Cir. · 2002 · confidence medium
Lee-Thomas, Inc. v. Hallmark Cards, Inc., 275 F.3d 702, 708 (8th Cir.2002); Sugarbaker v. SSM Health Care, 187 F.3d 853, 857 (8th Cir.1999).
cited Cited as authority (rule) Yesudian Ex Rel. United States v. Howard University
D.C. Cir. · 2001 · confidence medium
Id. at 395 , 113 S.Ct. 1489 ; see also id. at 391-92 , 113 S.Ct. 1489 (discussing Rule 6(b)); Sugarbaker v. SSM Health Care, 187 F.3d 853, 855-56 (8th Cir.1999) (applying Pioneer to Rule 6(b)).
discussed Cited as authority (rule) Schering Corp. v. Amgen, Inc.
D. Del. · 2001 · confidence medium
On the contrary, Am-gen’s argument regarding its obligations is plausible in light of Judge Schwartz’s order. 11 Finally, the court does not find that Amgen’s actions rise to the appropriate level of ignorance or lack of diligence required to deny its request for an extension. 12 See Sugarbaker v. SSM Health Care, 187 F.3d 853, 855-56 (8th Cir.1999) (upholding district court’s finding of excusable neglect when movant filed motion for attorneys’ fees one day late, nonmovant was not prejudiced, delay did not adversely impact judicial proceedings and there was no reason to doubt movant�…
discussed Cited as authority (rule) Ceridian Corporation v. Allied Mutual Ins.
8th Cir. · 2000 · confidence medium
See, e.g., Pioneer, 507 U.S. at 398 , 113 S.Ct. 1489 (unusual notice of filing deadline); Sugarbaker v. SSM Health Care, 187 F.3d 853, 855-56 (8th Cir.1999), cert. denied, — U.S. -, 120 S.Ct. 980 , 145 L.Ed.2d 931 (2000) (factual miscalculation of filing deadline); Johnson v. Dayton Elec.
discussed Cited as authority (rule) Ceridian Corporation v. Scsc Corp
8th Cir. · 2000 · confidence medium
See, e.g., Pioneer, 507 U.S. at 398 (unusual notice of filing deadline); Sugarbaker v. SSM Health Care, 187 F.3d 853, 855-56 (8th Cir. 1999), cert. denied, 120 S. Ct. 980 (2000) (factual miscalculation of filing deadline); Johnson v. Dayton Elec.
cited Cited "see" Jackson v. Betz
D. Minnesota · 2024 · signal: see · confidence high
See Sugarbaker v. SSM Health Care, 187 F.3d 853 , 855–56 (8th Cir. 1999).
discussed Cited "see" Joe Hand Promotions, Inc. v. Cantina El Sol LLC (2×) also: Cited "see, e.g."
D. Neb. · 2023 · signal: see · confidence high
See Sugarbaker, 187 F.3d at 856 (recognizing that whether a party’s delay was within its reasonable control is to be considered in assessing the reasons for the delay).
discussed Cited "see" Bragg v. Husqvarna Forestry Products, N.A. (2×)
W.D. Ark. · 2021 · signal: see · confidence high
See Sugarbaker v. SSM Health Care, 187 F.3d 853, 856 (8th Cir. 1999) (holding that while a party’s failure to adhere to a deadline was within its own control, the failure still fell within excusable neglect).
cited Cited "see" Walahoski v. The Evangelical Lutheran Good Samaritan Society
D. Neb. · 2020 · signal: see · confidence high
See Sugarbaker v. SSM Health Care, 187 F.3d 853, 855-56 (8th Cir. 1999).
cited Cited "see" HSK, LLC v. United States Olympic Committee
D. Minnesota · 2017 · signal: see · confidence high
See Sugarbaker v. SSM Health Care, 187 F.3d 853, 856 (8th Cir. 1999).
discussed Cited "see" Chris Lowry v. Watson Chapel School District
8th Cir. · 2008 · signal: see · confidence high
See Sugarbaker v. SSM Health Care, 187 F.3d 853, 855 (8th Cir. 1999) (assuming that the district court implicitly gave hospital leave to file its motion out of time when it addressed the merits of hospital's fee request).
discussed Cited "see" Lowry Ex Rel. Crow v. Watson Chapel School District
8th Cir. · 2008 · signal: see · confidence high
See Sugarbaker v. SSM Health Care, 187 F.3d 853, 855 (8th Cir.1999) (assuming that the district court implicitly gave hospital leave to file its motion out of time when it addressed the merits of hospital’s fee request).
cited Cited "see, e.g." Lockhart v. FCA US, LLC
D. Neb. · 2025 · signal: see also · confidence medium
Id.; see also Sugarbaker v. SSM Healthcare, 187 F.3d 853, 856 (8th Cir. 1999).
cited Cited "see, e.g." Parato v. Maestro Health
D. Neb. · 2023 · signal: see also · confidence medium
Chorosevic, 600 F.3d at 946 ; see also Sugarbaker v. SSM Healthcare, 187 F.3d 853, 856 (8th Cir. 1999).
cited Cited "see, e.g." Joe Hand Promotions, Inc. v. Cantina El Sol LLC
D. Neb. · 2023 · signal: see also · confidence medium
Chorosevic, 600 F.3d at 946 ; see also Sugarbaker v. SSM Healthcare, 187 F.3d 853, 856 (8th Cir. 1999).
cited Cited "see, e.g." Jones v. Herian
D. Neb. · 2023 · signal: see also · confidence medium
Chorosevic, 600 F.3d at 946; see also Sugarbaker v. SSM Healthcare, 187 F.3d 853, 856 (8th Cir. 1999).
cited Cited "see, e.g." Hayes v. Kijakazi
D. Neb. · 2022 · signal: see also · confidence medium
Chorosevic, 600 F.3d at 946 ; see also Sugarbaker v. SSM Healthcare, 187 F.3d 853, 856 (8th Cir. 1999).
cited Cited "see, e.g." Deloach v. Standard Insurance Co.
E.D. Mo. · 2016 · signal: see also · confidence medium
Maritz, 2007 WL 2302511 , at *2; see also Sugarbaker v. SSM Health Care, 187 F.3d 853, 855-56 (8th Cir. 1999).
discussed Cited "see, e.g." Talwar v. Mercer County Joint Twp. Community Hospital
N.D. Ohio · 2007 · signal: see also · confidence medium
See Wahi v. Charleston Area Medical Center, 453 F.Supp.2d 942, 948 (S.D.W.Va.2006) (“The court then ordered the parties to engage in limited discovery and brief the court on whether defendants are entitled to immunity from civil liability under the HCQIA for all claims except civil rights claims.”); see also Sugarbaker v. SSM Health Care, 187 F.3d 853, 857 (8th Cir.1999) (appellate court noted that plaintiff had been permitted to conduct discovery over defendants’ opposition, stating that “[i]t seems to us perfectly reasonable to depose persons involved in the peer review process, espe…
Retrieving the full opinion text from the archive…
Stephen P. SUGARBAKER, M.D., Appellee,
v.
SSM HEALTH CARE, D/B/A St. Marys Health Center, Appellant
98-3199.
Court of Appeals for the Eighth Circuit.
Aug 19, 1999.
187 F.3d 853
John E. Petite, St. Louis, MO, argued (David M. Harris, Dawn M. Johnson, and Carolyn Bernstein, St. Louis, MO, on the brief), for Appellant., Bartholomew L. McLeay, Omaha, NE, argued (Richard P. Jeffries, Omaha, NE, and Gregory Hancks, Kansas City, MO, on the brief), for Appellee.
Beam, Hansen, Kopf.
Cited by 40 opinions  |  Published
[*855] HANSEN, Circuit Judge.

This is a companion appeal to Nos. 98-2742 and 98-2748 in which we affirmed the district court’s grant of summary judgment in favor of St. Marys Health Center (St. Marys). In the present case, St. Mar-ys appeals from the district court’s judgment denying St. Marys’ motion for attorneys’ fees. We affirm.

I. Background

The basic facts associated with the legal dispute between Dr. Stephen P. Sugarbaker and St. Marys are included in our opinion in Nos. 98-2742 and 98-2743. The additional facts relevant to the present appeal are as follows.

St. Marys restricted and then terminated the staff privileges of Dr. Sugarbaker. In August 1997, Dr. Sugarbaker filed suit alleging that St. Marys’ actions violated federal antitrust laws, as well as various Missouri state laws, including breach of contract. The district court denied St. Marys’ motions to dismiss the case. On January 12, 1998, St. Marys filed' a motion for summary judgment on the basis of immunity under the Health Care Quality Improvement Act of 1986 (HCQIA). See 42 U.S.C. §§ 11111(a)(1), 11112(a) (1994). In response, Dr. Sugarbaker filed a motion for additional time to conduct discovery. See Fed.R.Civ.P. 56(f). The district court granted Dr. Sugarbaker’s motion and denied St. Mary’s motion without prejudice. In May 1998, after the completion of discovery, St. Marys filed a second HCQIA summary judgment motion. St. Marys also filed a motion for summary judgment on the merits of Dr. Sugarbaker’s claims.

On June 10, 1998, the district court granted summary judgment in favor of St. Marys on the basis of HCQIA immunity. On June 25, 1998, St. Marys filed a motion for attorneys’ fees pursuant to the HCQIA’s fee-shifting provision. See 42 U.S.C. § 11113 (1994). St. Marys’ motion, however, was untimely. See Fed.R.Civ.P. 54(d)(2)(B). On July 10, 1998, St. Marys requested leave to file its motion out of time. See Fed.R.Civ.P. 6(b)(2). The district court summarily denied the motion for attorneys’ fees and did not expressly rule on St. Marys’ request to file its motion out of time. The substantive portion of the district court’s order reads as follows:

Before this Court is defendant’s Motion for Fees.... The Health Care Quality Improvement Act contains a fee-shifting provision. 42 U.S.C. 11111 [sic— § 11113]. However, this Court finds that the plaintiffs claim was not frivolous and was not made in bad faith.

Sugarbaker v. SSM Health Care, No. 97-4239-CV-C-SOW, Order (W.D.Mo. July 15, 1998). St. Marys appeal.

II. Analysis

A. Timeliness of St. Marys’ Fee Request

We must first determine whether the district court abused its discretion in considering St. Marys’ untimely fee request. Under Federal Rule of Civil Procedure 54(d)(2)(B), a motion for attorneys’ fees “must be filed and served no later than 14 days after entry of judgment.” In this case, the district court entered its judgment on June 10, 1998, and St. Marys filed its motion for fees on June 25, 1998, one day out of time. See Fed.R.Civ.P. 6(a). On July 10, 1998, St. Marys requested leave to file its motion out of time pursuant to Federal Rule of Civil Procedure 6(b)(2). The district court never expressly ruled on St. Marys’ July 10th request. Rather, the district court denied St. Marys’ motion for attorneys’ fees on the merits. We may assume, therefore, that the district court implicitly gave St. Marys’ leave to file its motion out of time when it addressed the merits of St. Marys’ fee request.

With a few enumerated exceptions not relevant to the present appeal, Rule[*856] 6(b)(2) permits a district court to address an untimely motion “where the failure to [timely] act was the result of excusable neglect.” In the default context, we have recently recognized that “‘excusable neglect’ includes ‘late filings caused by inadvertence, mistake or carelessness.’ ” Johnson v. Dayton Elec. Mfg. Co., 140 F.3d 781, 784 (8th cir.1998) (quoting Pioneer Inv. Servs. v. Brunswick Assocs. Ltd. Partnership, 507 U.S. 380, 388, 113 S.Ct. 1489, 123 L.Ed.2d 74 (1993)). Although we must consider “all relevant circumstances,” the following factors are particularly important: (1) the possibility of prejudice to Dr. Sugarbaker; (2) the length of St. Marys’ delay and the possible impact of that delay on judicial proceedings; (3) St. Marys’ reasons for delay, including whether the delay was within its reasonable control; and (4) whether St. Marys acted in good faith. See id.

St. Marys claims that it filed its motion for attorneys’ fees one day late because it miscalculated the deadline. Thus, the late filing was due to “inadvertence, mistake or carelessness” and could possibly be excused. Considering the relevant circumstances, we conclude that even though St. Marys’ failure to comply with the deadlines imposed by Rule 54(d)(2)(B) was within its own control, its failure to file its motion on time was nonetheless excusable neglect. First, St. Marys’ filed its motion only one day late. Hence, Dr. Sugarbaker was not prejudiced. Second, the one day delay did not adversely impact any further judicial proceedings — this court has been able to address the present fee issue contemporaneously with the merits of the underlying legal dispute. Finally, we have no reason to doubt St. Marys’ good faith. Therefore, we hold that the district court did not abuse its discretion in considering St. Marys’ untimely fee request. See Texas Manufactured Housing Ass’n. Inc. v. Nederland, 101 F.3d 1095, 1107 (5th Cir.1996) (applying abuse of discretion standard to a district court’s decision permitting defendants to file an untimely motion for attorneys’ fees even though the defendants’ motion to extend the time for filing was not tendered until after the time for filing the motion for fees had expired), cert. denied, 521 U.S. 1112, 117 S.Ct. 2497, 138 L.Ed.2d 1003 (1997).

B. The Merits of St. Marys’ Fee Request

The HCQIA includes a statutory fee-shifting provision for certain successful defendants. In relevant part, that provision states:

[T]o the extent that a defendant has met the standards for [HCQIA immunity] set forth under section 11112(a) ... and the defendant substantially prevails, the court shall, at the conclusion of the action, award to a substantially prevailing party defending against any such claim the cost of the suit attributable to such claim, including a reasonable attorney’s fee, if the claim, or the claimant’s conduct during the litigation of the claim, was frivolous, unreasonable, without foundation, or in bad faith. For the purposes of this section, a defendant shall not be considered to have substantially prevailed when the plaintiff obtains an award for damages or permanent injunctive relief.

42 U.S.C. § 11113

By its plain language, section 11113 of the HCQIA involves three separate inquiries. First, the court must decide whether the defendant has satisfied the standards identified in section 11112(a). In other words, the peer review process must qualify for HCQIA immunity. Second, the defendant must substantially prevail. Third, the court must decide whether the plaintiffs claim or litigation conduct was frivolous, unreasonable, without foundation, or in bad faith.

In this case, the district court granted summary judgment in favor of St. Marys on the basis of HCQIA immunity and we affirmed. Further, there can be little doubt that St. Marys substantially prevailed. Thus, the only question is whether Dr. Sugarbaker’s claims or litiga[*857] tion conduct merit an award of attorneys’ fees.

Although this appeal presents a question of first impression in our court, other circuits review a district court’s decision regarding attorneys’ fees under the HCQIA for abuse of discretion. See Addis v. Holy Cross Health Sys. Corp., 88 F.3d 482, 486-87 (7th Cir.1996); Mathews v. Lancaster Gen’l Hosp., 87 F.3d 624, 642 (3d Cir.1996); Muzquiz v. W.A. Foote Memorial Hosp., Inc., 70 F.3d 422, 432 (6th Cir.1995); Smith v. Ricks, 31 F.3d 1478, 1487 (9th Cir.1994), cert. denied, 514 U.S. 1035, 115 S.Ct. 1400, 131 L.Ed.2d 287 (1995); Johnson v. Nyack Hosp., 964 F.2d 116, 123 (2d Cir.1992). We agree and hold that the abuse of discretion standard is the appropriate standard of review.

Turning to the merits, we note that St. Marys’ motion for attorneys’ fees before the district court included two arguments. St. Marys first argued that Dr. Sugarbaker’s litigation conduct in opposing the hospital’s first HCQIA motion was unreasonable, frivolous, without merit, or in bad faith. St. Marys’ second argument was that Dr. Sugarbaker’s claim that St. Marys was not entitled to HCQIA immunity was itself unreasonable, frivolous, without merit, or in bad faith. The district court’s order only addresses St. Marys’ second argument, and it provides virtually no substantive analysis. On appeal, St. Marys contends that the district court abused its discretion in failing to consider the hospital’s argument that Dr. Sugarbaker’s litigation conduct — as opposed to his claims— merited an award of attorneys’ fees.

We agree that the district court’s order is cursory. Notwithstanding the brevity of the district court’s order, however, we may affirm its judgment on any basis reasonably supported by the record. See Zotos v. Lindbergh Sch. Dist., 121 F.3d 356, 362 (8th Cir.1997). As we explain below, in view of both the record evidence and the state of the law at the time the present case was pending before the district court, we conclude that St. Marys is not entitled to attorneys’ fees.

1. Dr. Sugarbaker’s Litigation Conduct

After St. Marys filed first HCQIA motion, Dr. Sugarbaker filed a motion for additional time to conduct discovery pursuant to Federal Rule of Civil Procedure 56(f). The district court granted Dr. Sug-arbaker’s motion. St. Marys contends, however, that the record was sufficiently complete when it filed its first HCQIA motion, and therefore, Dr. Sugarbaker’s Rule 56(f) motion was improper. We disagree.

St. Marys asserts that Dr. Sugarbaker was wrong to direct additional discovery to the alleged bad faith of various peer review participants. According to St. Marys, because bad faith is irrelevant to the question of HCQIA immunity, Dr. Sugarbaker’s litigation conduct was improper. This argument rings hollow in view of the law existing at the time this case was pending before the district court. When St. Marys filed its first HCQIA motion, this court had not yet spoken on the question of HCQIA immunity. Therefore, Dr. Sugar-baker cannot now be faulted for having investigated the personal motives of the peer review participants.

St. Marys also contends that Dr. Sugar-baker’s litigation conduct was improper because he deposed persons involved in the peer review process but ultimately relied on facts that were in existence at the time St. Marys filed its first HCQIA motion. Again, we must disagree. It seems to us perfectly reasonable to depose persons involved in the peer review process, especially when the reasonableness of that process would be at issue in deciding St. Marys’ HCQIA motion. The fact that their deposition testimony did not help Dr. Sugar-baker’s case is of little concern to us.

In sum, having carefully reviewed the record in this case, we hold that Dr. Sug-arbaker’s litigation conduct was not unreasonable, frivolous, without foundation, or in[*858] bad faith. Consequently, St. Marys is not entitled to attorneys’ fees on account of Dr. Sugarbaker’s litigation conduct.

2. Dr. Sugarbaker’s Claims

In his complaint, Dr. Sugarbaker pleaded the absence of HCQIA immunity. St. Marys argues that this pleading was an improper claim within the meaning of 42 U.S.C. § 11113. This argument is merit-less. As we have already noted, at the time this suit was pending in the district court, no Eighth Circuit precedent existed that addressed the standards for HCQIA immunity. As such, we fail to see how merely pleading the absence of immunity, without more, amounts to an improper claim. See Mathews, 87 F.3d at 642 (noting the importance of resisting the “temptation to engage in post hoc reasoning by concluding that, because a plaintiff did not ultimately prevail, his action must have been unreasonable or without foundation”) (quotations omitted).

St. Marys next argues that Dr. Sugar-baker’s antitrust and breach of contract claims were unreasonable. Because St.. Marys did not raise these issues before the district court, we will not consider them on appeal. See Dobrovolny v. Moore, 126 F.3d 1111, 1114 n. 2 (8th Cir.1997) (noting that absent exceptional circumstances, this court refuses to consider issues that are raised for the first time on appeal), cert. denied, — U.S. —, 118 S.Ct. 1188, 140 L.Ed.2d 319 (1998). In its reply brief, St. Marys contends that it has preserved these arguments because the substance of the issues was put to the test in its motions to dismiss and its motion for summary judgment on the merits. We disagree. The mere fact that a particular claim might not survive until a trial does not necessarily mean that the claim is unreasonable. If St. Marys wanted to argue these issues in its motion for attorneys’ fees, it should have done so.

Having carefully reviewed the record, we hold that Dr. Sugarbaker’s claims do not support an award of attorneys’ fees.

III.

The district court’s judgment is affirmed.