Legal Opinion
Nathaniel Keon Smith, by His Mother and Next Friend Sanova Smith v. Otis Bowen, Secretary of Health and Human Services
Court of Appeals for the Second Circuit
Decided January 26, 1989No. 255, Docket 88-6122PublishedCited by 39 opinions
1Opinion of the Court
JON O. NEWMAN, Circuit Judge:
This appeal raises the question of whether a private party who successfully challenges an adverse agency decision may be awarded attorney’s fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (Supp. IV 1986) (EAJA) for portions of time spent in litigation in federal court, even if the underlying agency decision was “substantially justified” under the EAJA. This question arises on an appeal by Nathaniel Keon Smith from an order of the District Court for the Eastern District of New York (Thomas C. Platt, Jr., Chief Judge) denying, in substantial part,…
2Cases cited12 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Batterton v. FrancisSupreme Court of the United States · 1977
- Oliveri v. ThompsonCourt of Appeals for the Second Circuit · 1986
- United States v. Carol BirneyCourt of Appeals for the Second Circuit · 1982
- Joseph Trichilo v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1987
7 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Hackett v. BarnhartCourt of Appeals for the Tenth Circuit · 2007
- Ericksson v. Commissioner of Social SecurityCourt of Appeals for the Second Circuit · 2009
- Arbor Hill Concerned Citizens Neighborhood Association v. County of AlbanyCourt of Appeals for the Second Circuit · 2004
- Jose Tapia TRINIDAD, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, AppelleeCourt of Appeals for the First Circuit · 1991
- Healey v. LeavittCourt of Appeals for the Second Circuit · 2007
34 more not listed; retrieve them via the Exa API.