Legal Opinion

Robert J. Kiddey v. Eric K. Shinseki

United States Court of Appeals for Veterans Claims

Decided February 12, 2009No. 04-0452(E)PublishedCited by 5 opinions

1Opinion of the Court

MOORMAN, Judge:

The appellant, Robert J. Kiddey, filed an application for an award of $8,544.39 in attorney fees and expenses pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). On June 16, 2008, the Court issued an opinion that dismissed the EAJA application as untimely because it was filed more than 30 days after the Court’s October 23, 2006, judgment became final and not appealable. See 28 U.S.C. § 2412(d)(1)(A); 38 U.S.C. § 7291(a). The Court held that its judgment became final on March 5, 2007, when the U.S. Court of Appeals for the Federal Circuit (Federal Circuit)…

2Cases cited16 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Scarborough v. PrincipiSupreme Court of the United States · 2004
  3. Cullens v. GoberUnited States Court of Appeals for Veterans Claims · 2001
  4. Chesser v. WestUnited States Court of Appeals for Veterans Claims · 1998
  5. Balridge - Demel v. NicholsonUnited States Court of Appeals for Veterans Claims · 2005

11 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Jacobs v. ColvinDistrict Court, E.D. Virginia · 2014
  2. Carroll B. Westfall v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2015
  3. Clara Sue Padgett v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2009
  4. Clara Sue Padgett v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2009
  5. Johnson v. McDonaldUnited States Court of Appeals for Veterans Claims · 2016

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