Legal Opinion

McMullen v. Apfel

District Court, S.D. Iowa

Decided January 4, 1999No. 4:98-cv-10115PublishedCited by 2 opinions

1Opinion of the Court

ORDER

LONGSTAFF, District Judge.

THE COURT HAS BEFORE IT plaintiffs application for attorney fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 (“EAJA”). Plaintiff requests an award of $6,627.08 based on 52.50 hours at an hourly rate of $126.23. Defendant filed a resistance indicating it did not challenge counsel’s right to fees in some amount, but that it did object to the number of hours plaintiffs counsel spent representing her in this case. Defendant did not contest the hourly rate sought. Plaintiff filed a reply reiterating her position. The matter is now fully submitted.

Pla…

2Cases cited4 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Shalala v. SchaeferSupreme Court of the United States · 1993
  3. Oscar STOCKTON, Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1994
  4. Vanover v. ChaterDistrict Court, E.D. Missouri · 1996

3Cited by2 opinions

  1. Uphill v. BarnhartDistrict Court, E.D. Wisconsin · 2003
  2. McLaurin v. ApfelDistrict Court, E.D. New York · 2000

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