Legal Opinion
Randolph S. Gurley v. R. James Nicholson
United States Court of Appeals for Veterans Claims
Decided January 22, 2007No. 04-1930(E)PublishedCited by 9 opinions
1Opinion of the Court
On Appellant’s Application for Attorney Fees and Expenses
KASOLD, Judge:
Pending before the Court is veteran Randolph S. Gurley’s October 28, 2005, application for attorney fees and expenses pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of $6,429.72. The Secretary filed a response in which he argues that the EAJA application should be denied because the appellant is not a “prevailing party” within the meaning of the statute. Subsequently, the Secretary filed an opposed motion to dismiss for lack of jurisdiction. For the reasons set forth below, the Court…
2Cases cited21 opinions
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
- Commissioner, Immigration & Naturalization Service v. JeanSupreme Court of the United States · 1990
- Hewitt v. HelmsSupreme Court of the United States · 1987
- Scarborough v. PrincipiSupreme Court of the United States · 2004
- Harris v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
16 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Dale O. Dunlap v. R. James NicholsonUnited States Court of Appeals for Veterans Claims · 2007
- Larry G. Tyrues v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2009
- Gurley v. PeakeCourt of Appeals for the Federal Circuit · 2008
- And Alfred R. Young v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2009
- Earl B. Thompson v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2010
4 more not listed; retrieve them via the Exa API.