Legal Opinion
Misciagno v. Secretary of the Department of Health & Human Services
District Court, E.D. New York
Decided March 13, 1992No. CV-90-1504PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
SIFTON, District Judge.
This matter is currently before the Court on plaintiff’s motion pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d)(1)(B), for reasonable attorney’s fees as the prevailing party in a case against the Secretary of the Department of Health and Human Services.
For the reasons discussed below, this Court finds the motion premature. Under the analysis set forth in Melkonyan v. Sullivan, — U.S. -, 111 S.Ct. 2157, 115 L.Ed.2d 78 (1991), which must be applied retroactively to this case under James B. Beam Distilling Co. v. Georgia, —…
2Cases cited29 opinions
- Melkonyan v. SullivanSupreme Court of the United States · 1991
- Bowen v. City of New YorkSupreme Court of the United States · 1986
- Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
- Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
- Marks v. United StatesSupreme Court of the United States · 1977
24 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Joseph Labrie v. Secretary of Health and Human ServicesCourt of Appeals for the First Circuit · 1992
- Williams v. SullivanDistrict Court, D. New Jersey · 1993
- Carrol v. SullivanDistrict Court, C.D. California · 1992
- Bodner v. SullivanDistrict Court, N.D. California · 1992
- LaBrie v. SHHSCourt of Appeals for the First Circuit · 1992
2 more not listed; retrieve them via the Exa API.