Legal Opinion
Commodity Futures Trading Commission v. William C. Dunn and Delta Consultants, Inc., Delta Options, Ltd. And Nopkine Co., Ltd.
Court of Appeals for the Second Circuit
Decided March 26, 1999No. Docket 98-6117PublishedCited by 34 opinions
1Per curiam
Defendants-appellants William C. Dunn and Delta Consultants, Inc. appeal from the March 24, 1998 order of the United States District Court for the Southern District of New York (Thomas P. Griesa, Chief Judge). In the order denying their application for an award of costs and attorney’s fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. §§ 2412, et seq., Judge Griesa concluded that the Commodity Futures Trading Commission (“CFTC” or “Commission”) had a reasonable basis in law and fact for initiating litigation in this case, and thus was “substantially justified” in doing so,…
2Cases cited5 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Dunn v. Commodity Futures Trading CommissionSupreme Court of the United States · 1997
- Federal Election Commission v. Political Contributions Data, Inc.Court of Appeals for the Second Circuit · 1993
- Commodity Futures Trading Commission v. William C. Dunn and Delta Consultants, Inc., Delta Options, Ltd. And Nopkine Co., Ltd.Court of Appeals for the Second Circuit · 1995
- Sotelo-Aquije v. SlatteryCourt of Appeals for the Second Circuit · 1995
3Cited by34 opinions
- Salvo v. Commissioner of Social SecurityDistrict Court, S.D. New York · 2010
- McKay v. BarnhartDistrict Court, S.D. New York · 2004
- Lord v. ChertoffDistrict Court, S.D. New York · 2007
- Marschok v. United StatesDistrict Court, E.D. New York · 2001
- Appling v. Saul, Commissioner of Social SecurityDistrict Court, S.D. New York · 2023
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