Legal Opinion
United States Ex Rel. Averback v. Pastor Medical Associates P.C.
District Court, D. Massachusetts
Decided September 27, 2002No. CIV.A. 99-11124-WGYPublishedCited by 11 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
YOUNG, Chief Judge.
I. INTRODUCTION
Following a settlement between the government and the defendants after the gov ernment intervened in an action brought by the relator in this case, Randy J. Aver-back, M.D. (“Averback”), Averback has applied to this Court for an award of attorney’s fees pursuant to the fee-shifting provisions of the False Claims Act, 31 U.S.C. § 3730(d)(1). Under this section, attorney’s fees are mandatory when a false claim matter is decided in favor of the relator and assessed against the defendant: “Any [prevailing relator] shall also receive an amount…
2Cases cited18 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Blum v. StensonSupreme Court of the United States · 1984
- Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
- Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974
- Pennsylvania v. Delaware Valley Citizens' Council for Clean AirSupreme Court of the United States · 1986
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3Cited by11 opinions
- Role Models Amer Inc v. White, ThomasCourt of Appeals for the D.C. Circuit · 2004
- Jackson v. District of ColumbiaDistrict Court, District of Columbia · 2010
- Martinez v. HodgsonDistrict Court, D. Massachusetts · 2003
- Miller v. HolzmannCourt of Appeals for the D.C. Circuit · 2008
- Bogan v. City of BostonDistrict Court, D. Massachusetts · 2006
6 more not listed; retrieve them via the Exa API.