Legal Opinion

Geraldine Sacco v. Department of Justice

Court of Appeals for the Federal Circuit

Decided January 21, 2003No. 02-3046PublishedCited by 38 opinions

1Opinion of the Court

MAYER, Chief Judge.

Geraldine Sacco appeals from the final order of the Merit Systems Protection Board affirming the initial decision that she was not entitled to prevailing party status under 5 U.S.C. § 7701(g)(1), and denying her motion for attorney fees. Sacco v. Dep’t of Justice, No. DC0752000136-A-1, 90 M.S.P.R. 225 (M.S.P.B. Oct.18, 2001). Because the board reasonably interpreted 5 U.S.C. § 7701(g)(1) in light of Buckhannon v. West Virginia Department of Health and Human Resources, 532 U.S. 598, 121 S.Ct. 1835, 149 L.Ed.2d 855 (2001), in determining that there was no material alteration…

2Cases cited7 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
  3. Smiley v. Citibank (South Dakota), N. A.Supreme Court of the United States · 1996
  4. Maislin Industries, U. S., Inc. v. Primary Steel, Inc.Supreme Court of the United States · 1990
  5. Newell Companies, Inc. v. Kenney Manufacturing Company, Defendant/cross-AppellantCourt of Appeals for the Federal Circuit · 1989

2 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Robert K. Oja v. Department of the ArmyCourt of Appeals for the Federal Circuit · 2005
  2. Masias v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2011
  3. Preminger v. Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2008
  4. Scott Timber Co. v. United StatesCourt of Appeals for the Federal Circuit · 2012
  5. Contreras v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2012

33 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API