Legal Opinion
Park Manor, Ltd. v. United States Department of Health & Human Services
Court of Appeals for the Seventh Circuit
Decided July 23, 2007No. 06-3521PublishedCited by 6 opinions
1Opinion of the Court
POSNER, Circuit Judge.
The petitioner, Park Manor, a nursing home, asks us to reverse the denial by HHS’s Departmental Appeals Board of an award of attorneys’ fees under two provisions of the Equal Access to Justice Act, 5 U.S.C. §§ 504(a)(1) and (4). We have jurisdiction because, had Park Manor lost before the Board and sought judicial review, we would have had jurisdiction of that review proceeding. 42 U.S.C. § 1320a-7a(e).
The first subsection of section 504(a) provides that “an agency that conducts an adversary adjudication shall award, to a prevailing party other than the United States,”…
2Cases cited8 opinions
- Delta Air Lines, Inc. v. AugustSupreme Court of the United States · 1981
- Natural Resources Defense Council, Inc. v. U.S. Environmental Protection Agency, Chemical Manufacturers Association, IntervenorsCourt of Appeals for the Third Circuit · 1983
- Roanoke River Basin Ass'n v. HudsonCourt of Appeals for the Fourth Circuit · 1993
- United States v. Hallmark Construction CompanyCourt of Appeals for the Seventh Circuit · 2000
- Mimiya Hospital, Inc. SNF v. United States Department of Health & Human ServicesCourt of Appeals for the First Circuit · 2003
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Turner v. National Transportation Safety BoardCourt of Appeals for the D.C. Circuit · 2010
- Sunshine Haven Nursing Operations, LLC v. United States Department of Health & Human Services, Centers for Medicare & Medicaid ServicesCourt of Appeals for the Tenth Circuit · 2014
- Kinsey v. Union Pacific Railroad Co.California Court of Appeal · 2009
- Freeman v. GuyCourt of Appeals for the Seventh Circuit · 2008
- Dalton v. Simonson Station Stores, Inc.District Court, D. Minnesota · 2019
1 more not listed; retrieve them via the Exa API.