Legal Opinion

Shannon D. Smith, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans Affairs

Court of Appeals for the Federal Circuit

Decided September 15, 2003No. 02-7409PublishedCited by 27 opinions

1Opinion of the Court

BRYSON, Circuit Judge.

Appellant Shannon D. Smith, a Navy veteran, appeals from a decision of the Court of Appeals for Veterans Claims (“the Veterans Court”), denying his application for an award of attorney fees and expenses under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). The Veterans Court found that Mr. Smith was a prevailing party in that court by virtue of obtaining a remand to the Board of Veterans’ Appeals (“BVA”), but the court ruled against him on his claim for fees because it determined that the posi tion of the Secretary of Veterans Affairs, acting through the…

2Cases cited24 opinions

  1. Stillwell v. BrownUnited States Court of Appeals for Veterans Claims · 1994
  2. Essex Electro Engineers, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1985
  3. Holliday v. PrincipiUnited States Court of Appeals for Veterans Claims · 2001
  4. Cullens v. GoberUnited States Court of Appeals for Veterans Claims · 2001
  5. Bowey v. WestCourt of Appeals for the Federal Circuit · 2000

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

3Cited by27 opinions

  1. Henry L. Conway, Jr., Claimant-Appellee v. Anthony J. Principi, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2004
  2. Patrick v. Dept. Of Veterans AffairsCourt of Appeals for the Federal Circuit · 2011
  3. Information Sciences Corp. v. United StatesUnited States Court of Federal Claims · 2009
  4. Hillensbeck v. United StatesUnited States Court of Federal Claims · 2006
  5. International Custom Products, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2016

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

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