Legal Opinion · Dissent
Oil, Chemical & Atomic Workers International Union v. Department of Energy
Court of Appeals for the D.C. Circuit
Decided May 10, 2002No. 01-5163Published
1DissentRogers, Circuit Judge
Today the court decides whether the Supreme Court’s decision in Buckhannon Board and Care Home, Inc. v. West Virginia Department of Health and Human Resources, 532 U.S. 598, 121 S.Ct. 1835, 149 L.Ed.2d 855 (2001), applies to suits for attorney’s fees under the Freedom of Information Act (“FOIA”). See Opinion at 453. Even assuming that the answer to this question is in the affirmative, there are two separate problems with the court’s opinion. The first involves the suggestion that the Supreme Court’s decision in Buckhannon bars attorney’s fees in the absence of a final judgment on the merits…
2Cases cited18 opinions
- Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
- Farrar v. HobbySupreme Court of the United States · 1992
- Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
- Texas State Teachers Ass'n v. Garland Independent School DistrictSupreme Court of the United States · 1989
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