Legal Opinion

Norris v. Securities and Exchange Commission

Court of Appeals for the Federal Circuit

Decided August 22, 2012No. 2011-3129PublishedCited by 35 opinions

1Opinion of the Court

ON APPLICATION FOR ATTORNEY FEES

2Per curiam

ORDER

Jeffrey B. Norris (“Norris”) applies for an award of attorneys’ fees and expenses under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. Because the government’s position was substantially justified, we deny the application.

BACKGROUND

Norris was removed from his position as Trial Attorney with the Securities and Exchange Commission (“SEC”) based on three incidents of misuse of government equipment by sending unauthorized or inappropriate emails. Pursuant to a collective bargaining agreement, Norris sought arbitration. Norris did not dispute the…

3Cases cited15 opinions

  1. Pierce v. UnderwoodSupreme Court of the United States · 1988
  2. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
  3. Commissioner, Immigration & Naturalization Service v. JeanSupreme Court of the United States · 1990
  4. Scarborough v. PrincipiSupreme Court of the United States · 2004
  5. Hong-Yee Chiu v. The United StatesCourt of Appeals for the Federal Circuit · 1991

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4Cited by35 opinions

  1. Castaneda Castillo v. Holder, Jr.Court of Appeals for the First Circuit · 2013
  2. Ulysses, Inc. v. United StatesUnited States Court of Federal Claims · 2014
  3. Cline v. ShinsekiUnited States Court of Appeals for Veterans Claims · 2013
  4. Q Integrated Companies, LLC v. United StatesUnited States Court of Federal Claims · 2017
  5. Kwv, Incorporated v. United StatesUnited States Court of Federal Claims · 2013

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