Legal Opinion

Robert T. Howitt v. United States Department of Commerce

Court of Appeals for the First Circuit

Decided February 6, 1990No. 89-1697PublishedCited by 23 opinions

1Opinion of the Court

BREYER, Circuit Judge.

Robert Howitt seeks reimbursement for “attorneys’ fees and other expenses” that he incurred in various Patent Office proceedings. The Equal Access to Justice Act entitles him to reimbursement only if he incurred those “fees and ... expenses” in “an adversary adjudication.” 5 U.S.C. § 504(a)(1). The district court held against Howitt because it believed that the proceedings in question were not “adversary” and that, regardless, Howitt did not file his fee petition or court action on time. We find that the district court properly denied Howitt’s request.

The Equal Access to…

2Cases cited9 opinions

  1. Monark Boat Company v. National Labor Relations BoardCourt of Appeals for the Eighth Circuit · 1983
  2. The Long Island Radio Company, D/B/A All Shores Radio Company v. National Labor Relations BoardCourt of Appeals for the Second Circuit · 1988
  3. Clifton v. HecklerCourt of Appeals for the Fifth Circuit · 1985
  4. Sonicraft, Inc. v. National Labor Relations BoardCourt of Appeals for the Seventh Circuit · 1987
  5. Columbia Manufacturing Corporation v. National Labor Relations BoardCourt of Appeals for the Ninth Circuit · 1983

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

3Cited by23 opinions

  1. Francisco Lucas Rodriguez-Roman v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1996
  2. Ronald J. Clark v. James B. Busey, Administrator, Federal Aviation AdministrationCourt of Appeals for the Ninth Circuit · 1992
  3. Bazalo v. BrownUnited States Court of Appeals for Veterans Claims · 1996
  4. Grivois v. BrownUnited States Court of Appeals for Veterans Claims · 1994
  5. Jovanovic v. US-Algeria Business CouncilDistrict Court, District of Columbia · 2008

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

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