Legal Opinion
Wagner v. Shinseki
Court of Appeals for the Federal Circuit
Decided October 24, 2013No. 19-2041PublishedCited by 10 opinions
1Opinion of the Court
TARANTO, Circuit Judge.
In the Equal Access to Justice Act (EAJA), codified in relevant part at 28 U.S.C. § 2412, Congress mandated that, in defined circumstances, the government pay appropriate attorney’s fees to private parties who win in litigation against it. The policy “is to eliminate for the average person the financial disincentive to challenge unreasonable governmental actions.” Comm’r v. Jean, 496 U.S. 154, 163, 110 S.Ct. 2316, 110 L.Ed.2d 134 (1990). EAJA applies, and its central policy is of particular significance, in the “uniquely pro-claimant” system for adjudicating veterans’…
2Cases cited10 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Bowles v. RussellSupreme Court of the United States · 2007
- Commissioner, Immigration & Naturalization Service v. JeanSupreme Court of the United States · 1990
- Henderson v. ShinsekiSupreme Court of the United States · 2011
- Budinich v. Becton Dickinson & Co.Supreme Court of the United States · 1988
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3Cited by10 opinions
- National Treasury Employees Union v. Federal Labor Relations AuthorityCourt of Appeals for the D.C. Circuit · 2014
- Parrott v. ShulkinCourt of Appeals for the Federal Circuit · 2017
- Bly v. ShulkinCourt of Appeals for the Federal Circuit · 2018
- Cathleen E. Golden v. Sloan D. GibsonUnited States Court of Appeals for Veterans Claims · 2014
- Brass v. United StatesUnited States Court of Federal Claims · 2016
5 more not listed; retrieve them via the Exa API.