Legal Opinion

Dellew Corporation v. United States

Court of Appeals for the Federal Circuit

Decided May 1, 2017No. 2016-2304PublishedCited by 24 opinions

1Opinion of the Court

Wallach, Circuit Judge.

Appellant United States (“the Government”) appeals the opinion and order of the U.S. Court of Federal Claims awarding attorney fees and costs to Appellee Dellew Corporation (“Dellew”) pursuant to the Equal Access to Justice Act (“the EAJA”), 28 U.S.C. § 2412(a), (d)(1)(A) (2012). The central question here is whether comments that the Court of Federal Claims made during a hearing and prior to the Government taking corrective action materially altered the relationship between the parties such that Dellew qualified as a “prevailing party” under the EAJA. The Court of…

2Cases cited14 opinions

  1. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
  2. Galen Medical Associates, Inc. v. United States, and Deborah Downing Md, PllcCourt of Appeals for the Federal Circuit · 2004
  3. Hong-Yee Chiu v. The United StatesCourt of Appeals for the Federal Circuit · 1991
  4. Fidelity Construction Company v. The United StatesCourt of Appeals for the Federal Circuit · 1983
  5. Coltec Industries, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2006

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

3Cited by24 opinions

  1. Dell Federal Systems, L.P. v. United StatesCourt of Appeals for the Federal Circuit · 2018
  2. Fastship, LLC v. United StatesCourt of Appeals for the Federal Circuit · 2018
  3. Favor Techconsulting, LLC v. United StatesUnited States Court of Federal Claims · 2017
  4. Novak Birch, Inc. v. United StatesUnited States Court of Federal Claims · 2017
  5. Sumecht NA, Inc. v. United StatesUnited States Court of International Trade · 2020

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

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