Legal Opinion
Marcus v. Sullivan
District Court, N.D. Illinois
Decided May 26, 1992No. 85 C 453PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
MORAN, Chief Judge.
In this last chapter of a lengthy dispute we deal with plaintiffs’ petition for costs and for fees under the Equal Access to Justice Act (EAJA). Plaintiffs clearly are the prevailing parties. They contend that the position of the Secretary was not substantially justified and that they should be awarded fees for all hours expended at rates in excess of the EAJA maximum. Defendant disputes their right to any fees and, if any fees are awarded, he contends that they should be at the statutory rate.
If this case was a class action against a private party,…
2Cases cited26 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Sullivan v. ZebleySupreme Court of the United States · 1990
- Library of Congress v. ShawSupreme Court of the United States · 1986
- Bernice Bennett v. Louis W. Sullivan, Secretary of Health and Human Services, Gray Panthers Advocacy Committee, Older Womens League, Amici CuriaeCourt of Appeals for the Fourth Circuit · 1990
- Federal Election Commission v. Congressman Charles G. RoseCourt of Appeals for the D.C. Circuit · 1986
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3Cited by3 opinions
- Esther Marcus v. Donna E. Shalala, Secretary of Health and Human ServicesCourt of Appeals for the Seventh Circuit · 1994
- Esther Marcus v. Donna E. Shalala, Secretary of Health and Human ServicesCourt of Appeals for the Seventh Circuit · 1994
- Felton v. BrownUnited States Court of Appeals for Veterans Claims · 1994