Legal Opinion
Juanita L. Hughett v. United States
United States Court of Federal Claims
Decided May 15, 2013No. 10-723CPublishedCited by 5 opinions
1Opinion of the Court
Motion for Attorney’s Fees and Costs; Equal Access to Justice Act, 28 U.S.C. § 2412 (2006); Procedural Remand Did Not Convey Prevailing Party Status on Plaintiff; Government’s Litigating Position Was Substantially Justified.
OPINION
Bush, Judge.
The court has before it Ms. Juanita L. Hughett’s motion for an award of attorney’s fees and costs in the sum of $9376.30. 1 Pl.’s Mot. at 3. The parties dispute whether a remand from this court to the Air Force Board for Correction of Military Records (AFBCMR or Board) conveyed prevailing party status on plaintiff. As explained below, plaintiff, under…
2Cases cited22 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Melkonyan v. SullivanSupreme Court of the United States · 1991
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
- Farrar v. HobbySupreme Court of the United States · 1992
- Commissioner, Immigration & Naturalization Service v. JeanSupreme Court of the United States · 1990
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3Cited by5 opinions
- Small v. United StatesUnited States Court of Federal Claims · 2016
- Albert P. Blue v. Robert L. WilkieUnited States Court of Appeals for Veterans Claims · 2018
- Silva v. United StatesUnited States Court of Federal Claims · 2018
- Small v. United StatesUnited States Court of Federal Claims · 2017
- Turner v. United StatesUnited States Court of Federal Claims · 2023