Legal Opinion

Vascera v. Heckler

District Court, D. Rhode Island

Decided January 16, 1986No. C.A. 82-0465-SPublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

SELYA, District Judge.

This case presents a question regarding the current entitlement of the plaintiff, Richard Vascera, to recover counsel fees under 28 U.S.C. § 2412(d)(1)(A), a central provision of the Equal Access to Justice Act (EAJA). At the times material hereto, 1 the statute intoned in pertinent part that:

Except as otherwise specifically provided by statute, a court shall award to a prevailing party other than the United States fees and other expenses, ... incurred by that party in any civil action (other than cases sounding in tort) brought by or against the…

2Cases cited26 opinions

  1. Cannon v. University of ChicagoSupreme Court of the United States · 1979
  2. Hanrahan v. HamptonSupreme Court of the United States · 1980
  3. Merrill Lynch, Pierce, Fenner & Smith, Inc. v. CurranSupreme Court of the United States · 1982
  4. Wallis D. CORNELLA, Appellant, v. Richard SCHWEIKER, Secretary, Health & Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1984
  5. Benerethia McGill v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1983

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3Cited by7 opinions

  1. Frances GUGLIETTI, Plaintiff, Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, AppellantCourt of Appeals for the First Circuit · 1990
  2. Kopulos v. BarnhartDistrict Court, N.D. Illinois · 2004
  3. Beta Systems, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1989
  4. La Manna v. Secretary of Health and Human ServicesDistrict Court, N.D. New York · 1987
  5. Martinez v. Rhode Island Housing & Mortgage Finance Corp.District Court, D. Rhode Island · 1986

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