Legal Opinion

Harger v. Department of Labor

Court of Appeals for the Ninth Circuit

Decided June 10, 2009No. 08-35111PublishedCited by 29 opinions

1Opinion of the Court

ORDER AMENDING OPINION AND DENYING PETITION FOR REHEARING EN BANC AND AMENDED OPINION

ORDER

The opinion filed March 27, 2009, 560 F.3d 1071 (9th Cir.2009), is hereby amended as follows:

At 560 F.3d at 1076 n. 9, replace the entire text of footnote 9 with:

The district court stated the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(b), could not form the basis of an attorney’s fee award even though the United States has expressly waived sovereign immunity in that provision. This statement was not in response to an argument by Foulds that EAJA effected a waiver of sovereign immunity with…

2Cases cited14 opinions

  1. Lane v. PenaSupreme Court of the United States · 1996
  2. Bowen v. MassachusettsSupreme Court of the United States · 1988
  3. Boeing Co. v. Van GemertSupreme Court of the United States · 1980
  4. Ashley Hunt Greenwood v. Federal Aviation AdministrationCourt of Appeals for the Ninth Circuit · 1994
  5. Department of the Army v. Blue Fox, Inc.Supreme Court of the United States · 1999

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3Cited by29 opinions

  1. Tobar v. United StatesCourt of Appeals for the Ninth Circuit · 2011
  2. Rony Perez-Guzman v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2016
  3. United States v. Briana WatersCourt of Appeals for the Ninth Circuit · 2010
  4. Anthony Booth v. United StatesCourt of Appeals for the Ninth Circuit · 2019
  5. Paul Browning v. Renee BakerCourt of Appeals for the Ninth Circuit · 2017

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

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