Legal Opinion
Audette v. Secretary of Health and Human Services
District Court, D. Rhode Island
Decided October 11, 1991No. Civ. A. 84-0467 PPublishedCited by 21 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
PETTINE, Senior District Judge.
Plaintiff commenced this action in 1984, challenging the denial of disability benefits by the Secretary. After a seven year history, plaintiff moves for Entry of Final Judgment in this action. While the entry of such a judgment may at first seem academic, this Court realizes plaintiffs ability to recover attorney’s fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 depends on this motion. However, based on the reasons set forth below, the Motion for Entry of Final Judgment is denied.
I
Brenda Audette was first hospitalized in…
2Cases cited9 opinions
- Melkonyan v. SullivanSupreme Court of the United States · 1991
- Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
- Sullivan v. HudsonSupreme Court of the United States · 1989
- James B. Beam Distilling Co. v. GeorgiaSupreme Court of the United States · 1991
- Sullivan v. FinkelsteinSupreme Court of the United States · 1990
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Joseph Labrie v. Secretary of Health and Human ServicesCourt of Appeals for the First Circuit · 1992
- Williams v. SullivanDistrict Court, D. New Jersey · 1993
- Hudson v. SullivanDistrict Court, W.D. Pennsylvania · 1991
- Heredia v. Secretary of Health and Human ServicesDistrict Court, D. Puerto Rico · 1992
- Bacon v. Secretary of Health and Human ServicesDistrict Court, D. New Jersey · 1992
16 more not listed; retrieve them via the Exa API.