Legal Opinion
Taucher, Frank v. Brown-Hruska, Sharon
Court of Appeals for the D.C. Circuit
Decided January 28, 2005No. 04-5026PublishedCited by 52 opinions
1Opinion of the Court
Opinion for the Court filed by Circuit Judge ROBERTS.
Dissenting opinion filed by Circuit Judge EDWARDS.
ROBERTS, Circuit Judge.
After a federal district court declared a portion of the Commodity Exchange Act unconstitutional, the prevailing parties sought attorneys’ fees under the Equal Access to Justice Act. A magistrate judge concluded that the Commodity Futures Trading Commission’s defense of the Act was not substantially justified, and accordingly awarded fees to the challengers. On appeal we reject the Commission’s argument that it should not be held liable for fees because it was…
2Cases cited28 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Beck v. OhioSupreme Court of the United States · 1964
- Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
- United States v. MorrisonSupreme Court of the United States · 2000
- Thomas v. CollinsSupreme Court of the United States · 1945
23 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Hill v. GouldCourt of Appeals for the D.C. Circuit · 2009
- Gonzales v. Free Speech CoalitionCourt of Appeals for the Ninth Circuit · 2005
- Citizens for Responsibility & Ethics v. United States Department of Homeland SecurityDistrict Court, District of Columbia · 2007
- Gonzales v. Free Speech CoalitionCourt of Appeals for the Ninth Circuit · 2005
- Gatimi v. HolderCourt of Appeals for the Seventh Circuit · 2010
47 more not listed; retrieve them via the Exa API.