Legal Opinion

Tarbert v. Azar

District Court, D. Montana

Decided May 12, 2020No. 9:19-cv-00149Unknown

1Opinion

FILE IN THE UNITED STATES DISTRICT COURT □ FOR THE DISTRICT OF MONTANA MAY 1 2 2020 MISSOULA DIVISION Clerk, U.S. District Court District Of Montana Kiezoula KELLY TARBERT, CV 19-149-M-—DLC Plaintiff, vs. ORDER ALEX AZAR, Secretary, U.S. Department of Health & Human Services, Defendant. Tarbert requests attorney’s fees under the Equal Access to Justice Act (“EAJA”) for the work performed by her attorney, Allan McGarvey, in challenging the Medicare Appeals Council’s (“the Council”) decision denying her relief. (Docs. 30, 31.) For the reasons explained, the motion is granted in part. Background…

2Cases cited13 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Pierce v. UnderwoodSupreme Court of the United States · 1988
  3. Farrar v. HobbySupreme Court of the United States · 1992
  4. Gates v. DeukmejianCourt of Appeals for the Ninth Circuit · 1992
  5. Martin Gonzalez, Sr. v. City of MaywoodCourt of Appeals for the Ninth Circuit · 2013

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