Legal Opinion
Luyster v. Principi
United States Court of Appeals for Veterans Claims
Decided May 2, 2002No. 99-1271PublishedCited by 2 opinions
1Opinion of the Court
ORDER
2Per curiam
Before the Court is the appellant’s March 14, 2001, application for attorney fees and expenses pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). On April 12, 2001, the Secretary filed a response, urging the Court to deny an award of fees because the appellant is not a prevailing party and because the position of the Secretary was substantially justified. The appellant filed a reply on June 13, 2001, arguing that he is a prevailing party, and that the Secretary failed to demonstrate that his administrative position was substantially justified. On September 4, 2001,…
3Cases cited8 opinions
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
- Karnas v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
- Sumner v. PrincipiUnited States Court of Appeals for Veterans Claims · 2001
- Thayer v. PrincipiUnited States Court of Appeals for Veterans Claims · 2001
- Luyster v. GoberUnited States Court of Appeals for Veterans Claims · 2000
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4Cited by2 opinions
- Gomie L. Molden and Homer L. Mooney and Chuck L. Warren , Jr. v. James B. PeakeUnited States Court of Appeals for Veterans Claims · 2008
- Carroll B. Westfall v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2015