Legal Opinion

Stevedoring Services of America v. Price

Court of Appeals for the Ninth Circuit

Decided January 4, 2006No. 02-71207, 02-71578PublishedCited by 2 opinions

1Opinion of the Court

ORDER

Respondent Arel Price’s application for attorney’s fees and costs under the Long-shore and Harbor Workers’ Compensation Act (“LHWCA”), 33 U.S.C. § 928(a), is denied. This court lacks jurisdiction to entertain respondent’s application for fees accrued successfully opposing his employer’s petition for certiorari.

Although 33 U.S.C. § 928(a) authorizes this court to award fees “in the successful prosecution” of a claim, § 928(c) states that a court “may approve an attor ney’s fee for the work done before it by the attorney for the claimant.” (Emphasis added.) In light of this language, we…

2Cases cited2 opinions

  1. William David Hensley v. Washington Metropolitan Area Transit AuthorityCourt of Appeals for the D.C. Circuit · 1982
  2. Bruce W. Christensen v. Stevedoring Services of America, Inc. Homeport Insurance Co.Court of Appeals for the Ninth Circuit · 2005

3Cited by2 opinions

  1. Tahara v. Matson Terminals, Inc.Court of Appeals for the Ninth Circuit · 2007
  2. Tahara v. Matson TerminalsCourt of Appeals for the Ninth Circuit · 2007

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