Legal Opinion
HANDRON v. Sebelius
District Court, D. New Jersey
Decided October 27, 2009No. Civil 08-3119 (RBK/KMW)PublishedCited by 3 opinions
1Opinion of the Court
OPINION
KUGLER, District Judge.
This case poses a simple question with a difficult answer: What do the words “or otherwise” mean in the Equal Access to Justice Act (EAJA), 5 U.S.C. § 504? This question comes before the Court upon the Motion for Summary Judgment by Plaintiff Dr. John D. Handron (Docket No. 10). Plaintiff asks the Court to award him attorneys’ fees incurred while successfully defending against alleged Medicare overpayment before the Department of Health and Human Services. Because the Court finds that the position of the United States was not represented by counsel or otherwise…
2Cases cited15 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- Carol Aman Jeanette Johnson v. Cort Furniture Rental CorporationCourt of Appeals for the Third Circuit · 1996
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3Cited by3 opinions
- Malik v. HannahDistrict Court, D. New Jersey · 2011
- Handron v. Secretary Department of Health & Human ServicesCourt of Appeals for the Third Circuit · 2012
- THOMPSON v. THE ANTHEM COMPANIES, INCDistrict Court, D. New Jersey · 2022