Legal Opinion
Carroll B. Westfall v. Robert A. McDonald
United States Court of Appeals for Veterans Claims
Decided April 28, 2015No. 13-0575(E)PublishedCited by 2 opinions
1Opinion of the Court
ORDER
2Per curiam
Before the Court is Carroll B. Westfall’s July 1, 2014, application pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 (EAJA), for an award of attorney fees and expenses. On September 15, 2014, the Secretary filed a motion to dismiss Mr. Westfall’s application as untimely, along with a motion to stay proceedings.
This matter was referred to a panel of the Court to decide two questions: Whether this Court’s granting of the appellant’s motion to expedite the issuance of mandate results in a final judgment and thus reduces the amount of time that the Secretary has to appeal a…
3Cases cited20 opinions
- Shalala v. SchaeferSupreme Court of the United States · 1993
- Henderson v. ShinsekiSupreme Court of the United States · 2011
- Frankel v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
- Lewis Hodge, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1998
- Myers v. SullivanCourt of Appeals for the Eleventh Circuit · 1990
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4Cited by2 opinions
- Darald G. Bly v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2016
- Darald G. Bly v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2016