Legal Opinion

Schock v. Federal Deposit Insurance

District Court, D. Rhode Island

Decided October 31, 2000No. CIV. A. 97-530-LPublishedCited by 4 opinions

1Opinion of the Court

DECISION AND ORDER

LAGUEUX, District Judge.

Plaintiff Eleanor C. Schock (“plaintiff’) sued the Federal Deposit Insurance Corporation, acting in its capacity as Receiver of Old Stone Bank FSB (“FDIC-Receiver”) for breach of contract. Plaintiff prevailed and now seeks to recover attorneys’ fees and costs pursuant to the Equal Access to Justice Act (“EAJA”). 28 U.S.C. § 2412 (1994).

The EAJA provides that attorneys’ fees may be awarded to a party that prevails against a federal agency in a civil action where the agency cannot show that its position was substantially justified. The issue presented…

2Cases cited9 opinions

  1. Department of Employment v. United StatesSupreme Court of the United States · 1966
  2. Federal Deposit Insurance Corporation v. Marcelino Roldan FonsecaCourt of Appeals for the First Circuit · 1986
  3. Federal Reserve Bank of Boston v. Commissioner of Corporations and Taxation of the Commonwealth of MassachusettsCourt of Appeals for the First Circuit · 1974
  4. Miguel Villafane-Neriz, Insurance Commissioner of Puerto Rico v. Federal Deposit Insurance CorporationCourt of Appeals for the First Circuit · 1996
  5. Bank of New England Old Colony, N.A. v. R. Gary Clark, Tax Administrator, for the State of Rhode IslandCourt of Appeals for the First Circuit · 1993

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

3Cited by4 opinions

  1. Schock v. United StatesCourt of Appeals for the First Circuit · 2001
  2. Huntley v. District of ColumbiaDistrict Court, District of Columbia · 2012
  3. CadleRock III, LLC v. Harry Brown & Co., LLCDistrict Court, M.D. Alabama · 2020
  4. Commercial Law Corp. v. FDICCourt of Appeals for the Sixth Circuit · 2017

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