Legal Opinion
Dyer v. Cenex Harvest States Cooperative
Court of Appeals for the Ninth Circuit
Decided May 1, 2009No. 07-73549PublishedCited by 3 opinions
1Opinion of the Court
WILLIAM A. FLETCHER, Circuit Judge:
Rex Dyer prevailed in a workers’ compensation claim under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”). Dyer then sought attorney’s fees pursuant to Section 28(a) of the LHWCA, 33 U.S.C. § 928(a). The Benefits Review Board (“BRB”) held that Dyer was entitled to recover only those attorney’s fees incurred after his employer, Cenex Harvest States Cooperative (“Cenex”), refused to pay his claim. The BRB held that Dyer was not entitled to recover attorney’s fees for the period between his injury and Cenex’s refusal. In the jargon of this area of…
2Cases cited22 opinions
- Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
- Auer v. RobbinsSupreme Court of the United States · 1997
- City of Burlington v. DagueSupreme Court of the United States · 1992
- Webb v. County Board of EducationSupreme Court of the United States · 1985
- Potomac Electric Power Co. v. Director, Office of Workers' Compensation ProgramsSupreme Court of the United States · 1980
17 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Valladolid v. Pacific Operations Offshore, LLPCourt of Appeals for the Ninth Circuit · 2010
- Combs v. Elkay Mining Co.District Court, S.D. West Virginia · 2012
- Christensen v. OwcpCourt of Appeals for the Ninth Circuit · 2009