Legal Opinion

Brickwood Contractors, Inc. v. United States

Court of Appeals for the Federal Circuit

Decided May 3, 2002No. 01-5121PublishedCited by 68 opinions

1Opinion of the Court

PROST, Circuit Judge.

The principal issue in this case is the applicability of the Supreme Court’s recent decision in Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health & Human Resources, 532 U.S. 598, 121 S.Ct. 1835, 149 L.Ed.2d 855 (2001), to the fee-shifting provisions of the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. The United States Court of Federal Claims, in a decision dated June 29, 2001, held that Brickwood Contractors Inc.’s (“Brickwood”) recovery of attorney fees under the EAJA is not barred by Buckhannon. Because we disagree with the Court of…

2Cases cited20 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  3. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
  4. Texas State Teachers Ass'n v. Garland Independent School DistrictSupreme Court of the United States · 1989
  5. Newman v. Piggie Park Enterprises, Inc.Supreme Court of the United States · 1968

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3Cited by68 opinions

  1. Chapman Law Firm Co. v. Greenleaf Construction Co. v. United StatesCourt of Appeals for the Federal Circuit · 2007
  2. Preseault V. United StatesUnited States Court of Federal Claims · 2002
  3. Thomas v. National Science FoundationCourt of Appeals for the D.C. Circuit · 2003
  4. Former Employees of Motorola Ceramic Products v. United StatesCourt of Appeals for the Federal Circuit · 2003
  5. Jane Doe v. Boston Public SchoolsCourt of Appeals for the First Circuit · 2004

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

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