Legal Opinion
United States Securities and Exchange Commission v. Nicholas A. Zahareas Tuschner & Company, Inc. John M. Tuschner Euroamerican Securities, S.A.
Court of Appeals for the Eighth Circuit
Decided July 7, 2004No. 03-2630PublishedCited by 56 opinions
1Opinion of the Court
HEANEY, Circuit Judge.
John M. Tuschner appeals the denial of his application for attorney’s fees under the Equal Access to Justice Act (EAJA). For the reasons stated below, we reverse and remand to the district court for further proceedings consistent with this opinion.
I. BACKGROUND
This case has been in the courts for over six years and is currently before this court for the fourth time. The facts have been clearly articulated in prior opinions. We summarize them here for the purposes of this appeal.
In July 1993, the Securities and Exchange Commission (SEC) settled a civil enforcement…
2Cases cited16 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- 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
- Laurence G. Russell, William L. Hanna, and Eddie D. Langwell v. National Mediation BoardCourt of Appeals for the Fifth Circuit · 1985
- Lawrence Keasler and Keasler Body Company, Inc. v. United StatesCourt of Appeals for the Eighth Circuit · 1985
- Leola BROWN, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Department of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1990
11 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Tedford v. WORKFORCE SAFETY AND INSURANCENorth Dakota Supreme Court · 2007
- EBC I, Inc. v. Goldman Sachs & Co.Appellate Division of the Supreme Court of the State of New York · 2011
- Evans v. BerryhillDistrict Court, D. Maine · 2018
- Brown v. ColvinDistrict Court, D. Nebraska · 2014
- Centex Corp. v. United StatesUnited States Court of Federal Claims · 2006
51 more not listed; retrieve them via the Exa API.