Legal Opinion

Scarborough v. Nicholson

United States Court of Appeals for Veterans Claims

Decided August 5, 2005No. 98-1590(E)PublishedCited by 20 opinions

1Opinion of the Court

GREENE, Judge:

Before the Court is (1) the appellant’s October 4, 1999, application, filed through counsel, for attorney fees and expenses pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(2) his December 9, 1999, amendment to that initial EAJA application, and (3) his June 10, 2004, supplemental EAJA application, which incorporates the original 1999 request. For the reasons that follow, the supplemental EAJA application, and by incorporation the original application, as amended, will be granted in part.

I. BACKGROUND

This EAJA matter has a long history. Mr. Scarborough had…

2Cases cited53 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Blum v. StensonSupreme Court of the United States · 1984
  3. Pierce v. UnderwoodSupreme Court of the United States · 1988
  4. Shalala v. SchaeferSupreme Court of the United States · 1993
  5. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001

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3Cited by20 opinions

  1. Robert J. McDonald v. R. James NicholsonUnited States Court of Appeals for Veterans Claims · 2007
  2. Zuri Zuberi v. R. James NicholsonUnited States Court of Appeals for Veterans Claims · 2006
  3. Alfred W. Vahey v. R. James NicholsonUnited States Court of Appeals for Veterans Claims · 2006
  4. Former Employees of BMC Software, Inc. v. United States Secretary of LaborUnited States Court of International Trade · 2007
  5. Alva Jandreau v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2009

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