Cathy Tyler v. John Fitzsimmons
Court of Appeals for the First Circuit
1Opinion of the Court
CYR, Circuit Judge.
Appellant Cathy Tyler challenges a district court order dismissing her application for an award of attorney fees pursuant to the Equal Access to Justice Act (“EAJA”) for lack of jurisdiction. We vacate and remand for further proceedings on the merits of the fee application.
I
BACKGROUND
The United States Department of Labor (“USDOL”) administers a program under the Trade Act of 1974 (the “Trade Act”), 19 U.S.C. §§ 2101-2495, 2291 (1993), which authorizes “trade readjustment allowance” (“TRA”) benefits to eligible workers whose employment is discontinued by companies certified…
2Cases cited11 opinions
- Melkonyan v. SullivanSupreme Court of the United States · 1991
- Sullivan v. HudsonSupreme Court of the United States · 1989
- Frances GUGLIETTI, Plaintiff, Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, AppellantCourt of Appeals for the First Circuit · 1990
- United States v. JonesSupreme Court of the United States · 1949
- Gutierrez v. SullivanCourt of Appeals for the Tenth Circuit · 1992
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3Cited by1 opinion
- Castaneda Castillo v. Holder, Jr.Court of Appeals for the First Circuit · 2013