Legal Opinion

Darald G. Bly v. Robert A. McDonald

United States Court of Appeals for Veterans Claims

Decided October 7, 2016No. 15-0502(E)PublishedCited by 8 opinions

1Opinion of the Court

*258KASOLD, Judge:

Pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), veteran Darald G. Bly applies through counsel for an award of attorney fees and expenses in the amount of $4,909.58. The Secretary moves for dismissal because the application was filed 1 day beyond the statutory 30-day filing deadline for an EAJA application. See 28 U.S.C. § 2412(d)(1)(B) (requiring that EAJA applications be filed within 30 days of a court’s final judgment). Mr. Bly argues that his filing was timely, and, alternatively, that the time to file should be equitably tolled. A panel was convened…

2Cases cited26 opinions

  1. Pace v. DiGuglielmoSupreme Court of the United States · 2005
  2. Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
  3. Commissioner, Immigration & Naturalization Service v. JeanSupreme Court of the United States · 1990
  4. Baldwin County Welcome Center v. BrownSupreme Court of the United States · 1984
  5. Kontrick v. RyanSupreme Court of the United States · 2004

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

3Cited by8 opinions

  1. Bly v. ShulkinCourt of Appeals for the Federal Circuit · 2018
  2. Catherine Cornell v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2016
  3. Charles R. Coley v. Robert L. WilkieUnited States Court of Appeals for Veterans Claims · 2020
  4. Gene A. Mead v. David J. ShulkinUnited States Court of Appeals for Veterans Claims · 2017
  5. Gerry E. Gudinas v. Denis McDonoughUnited States Court of Appeals for Veterans Claims · 2021

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

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