Legal Opinion
Hortensia De Allende v. James Baker, Secretary of State
Court of Appeals for the First Circuit
Decided December 5, 1989No. 89-1360PublishedCited by 55 opinions
1Opinion of the Court
TORRUELLA, Circuit Judge.
This is an appeal from the decision of the United States District Court for the District of Massachusetts awarding attorney’s fees under 28 U.S.C. § 2412(d), and from its decision to enhance the hourly rate of plaintiffs’ counsel beyond that otherwise permitted by the Act.
The Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), imposes liability upon the government for fees and expenses incurred in litigation, but only if the opposing party prevails within the meaning of the statute, and if the government’s position was not substantially justified. 1 See…
2Cases cited11 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- In the Matter of Emanuel JosephsonCourt of Appeals for the First Circuit · 1954
- Abourezk v. ReaganCourt of Appeals for the D.C. Circuit · 1986
- Sierra Club v. Secretary of the Army, Sierra Club v. Secretary of the Army, Sierra Club v. Secretary of TransportationCourt of Appeals for the First Circuit · 1987
- 27 soc.sec.rep.ser. 18, unempl.ins.rep. Cch 14888a Claire McDonald v. Secretary of Health and Human ServicesCourt of Appeals for the First Circuit · 1989
6 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- United States v. Plat 20, Lot 17Court of Appeals for the First Circuit · 1992
- F.J. Vollmer Company, Inc. v. John W. Magaw, Director, Bureau of Alcohol, Tobacco & Firearms, U.S. Department of the TreasuryCourt of Appeals for the D.C. Circuit · 1996
- Tamko Roofing Products, Inc. v. Ideal Roofing Co.Court of Appeals for the First Circuit · 2002
- Schock v. United StatesCourt of Appeals for the First Circuit · 2001
- Aronov v. NapolitanoCourt of Appeals for the First Circuit · 2009
50 more not listed; retrieve them via the Exa API.