Marguerite Hiken v. Department of Defense

I respectfully dissent for two reasons: 1) Military Law Task Force (Task Force) failed to appeal the district court’s fee award; and 2) the district court acted within its discretion in calculating the fee award.

1. Task Force failed to appeal the district court’s fee award.

As the majority candidly acknowledges, the “notice of appeal is plainly deficient.” Majority Opinion, p. 1043. Specifically, Task Force’s notice of appeal contained absolutely no mention of the underlying fee award. Rather, it referenced only the district court’s denial of the motion for reconsideration.

The majority relies…