Legal Opinion
Elisa Cazares v. James Barber
Court of Appeals for the Ninth Circuit
Decided March 11, 1992No. 90-16423PublishedCited by 16 opinions
1Opinion of the Court
WIGGINS, Circuit Judge:
The government appeals the district court’s granting of attorneys’ fees to plaintiff/appellee in excess of the statutory cap of $75 per hour under the Equal Access to Justice Act.1 We affirm the grant on the basis of bad faith on the part of the government.
Under 28 U.S.C. section 2412(b), a court, in the absence of a prohibiting statute, may grant attorneys’ fees to a prevailing party against the United States in a civil case as it would in any civil case.2 This includes an award against a party acting in bad faith. The cases interpreting this section, as well as the…
2Cases cited4 opinions
- Rawlings v. HecklerCourt of Appeals for the Ninth Circuit · 1984
- Samuelu Masalosalo, a Minor, by Paepae Masalosalo, His Mother and Guardian Ad Litem, and Paepae Masalosalo v. Stonewall Insurance CompanyCourt of Appeals for the Ninth Circuit · 1983
- Beaudry Motor Co. v. Abko Properties, Inc.Court of Appeals for the Ninth Circuit · 1986
- Leola BROWN, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Department of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1990
3Cited by16 opinions
- Rahinah Ibrahim v. US Dept. of Homeland SecurityCourt of Appeals for the Ninth Circuit · 2019
- Rodriguez v. United StatesCourt of Appeals for the Ninth Circuit · 2008
- Maritime Management, Inc., a Florida Corporation v. United StatesCourt of Appeals for the Eleventh Circuit · 2001
- Schneider v. Elko County Sheriff's DepartmentDistrict Court, D. Nevada · 1998
- D & M Watch Corp. v. United StatesUnited States Court of International Trade · 1992
11 more not listed; retrieve them via the Exa API.