Legal Opinion
Joseph Trichilo v. Secretary of Health and Human Services
Court of Appeals for the Second Circuit
Decided June 26, 1987No. 1129, Docket 87-6023PublishedCited by 117 opinions
1Opinion of the Court
GEORGE C. PRATT, Circuit Judge:
This appeal raises two issues under the Equal Access to Justice Act (“EAJA”) that have divided the courts that have considered them. First, the secretary of the Department of Health and Human Services (“the secretary”) argues that the district court erred in awarding plaintiff Trichilo attorney’s fees under 28 U.S.C. § 2412(d) in the amount of $88 per hour, based on the statutory rate of $75 per hour plus a cost-of-living adjustment measured from October 1981, contending that any cost-of-living increase should instead be measured from 1985, when the statute was…
2Cases cited18 opinions
- Lorillard v. PonsSupreme Court of the United States · 1978
- Merrill Lynch, Pierce, Fenner & Smith, Inc. v. CurranSupreme Court of the United States · 1982
- Mary Jane Ruderman Hirschey v. Federal Energy Regulatory Commission, Long Lake Energy Corporation, IntervenorCourt of Appeals for the D.C. Circuit · 1985
- Sierra Club v. Secretary of the Army, Sierra Club v. Secretary of the Army, Sierra Club v. Secretary of TransportationCourt of Appeals for the First Circuit · 1987
- Rawlings v. HecklerCourt of Appeals for the Ninth Circuit · 1984
13 more not listed; retrieve them via the Exa API.
3Cited by117 opinions
- Commissioner, Immigration & Naturalization Service v. JeanSupreme Court of the United States · 1990
- Johnson v. SullivanCourt of Appeals for the Eighth Circuit · 1990
- Marie Lucie Jean v. Alan C. NelsonCourt of Appeals for the Eleventh Circuit · 1988
- Meyer v. SullivanCourt of Appeals for the Eleventh Circuit · 1992
- Hong-Yee Chiu v. The United StatesCourt of Appeals for the Federal Circuit · 1991
112 more not listed; retrieve them via the Exa API.