Legal Opinion

National Ass'n of Manufacturers v. Department of Labor

Court of Appeals for the D.C. Circuit

Decided November 3, 1998No. 97-5157PublishedCited by 31 opinions

1Opinion of the Court

GARLAND, Circuit Judge:

The United States Department of Labor (“DOL”) appeals from an award of attorneys’ fees to the National Association of Manufacturers (“NAM”) under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d)(1)(A). If NAM were considered as a separate entity, it would unquestionably be eligible for an EAJA award. Some of its members, however, would not be. DOL’s principal contention is that a trade association suing on behalf of its members is only eligible for attorneys’ fees if both the association and its members satisfy the statutory criteria.

We decline to adopt…

2Cases cited29 opinions

  1. Warth v. SeldinSupreme Court of the United States · 1975
  2. Pierce v. UnderwoodSupreme Court of the United States · 1988
  3. Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
  4. Simon v. Eastern Kentucky Welfare Rights OrganizationSupreme Court of the United States · 1976
  5. Singleton v. WulffSupreme Court of the United States · 1976

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

3Cited by31 opinions

  1. United States v. Microsoft Corp.Court of Appeals for the D.C. Circuit · 2001
  2. Thomas v. National Science FoundationCourt of Appeals for the D.C. Circuit · 2003
  3. William A. Davy, Jr. v. Central Intelligence AgencyCourt of Appeals for the D.C. Circuit · 2006
  4. Edmonds v. Federal Bureau of InvestigationCourt of Appeals for the D.C. Circuit · 2005
  5. Hany Mahmoud Kiareldeen v. John AshcroftCourt of Appeals for the Third Circuit · 2001

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

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