Legal Opinion
Blanchette v. Heckler
District Court, D. Colorado
Decided June 15, 1984No. Civ. A. 81-K-922, 83-K-1431PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
KANE, District Judge.
These cases are before me on plaintiffs’ applications for attorney fees under the Equal Access to Justice Act, 28 U.S.C. § 2412. I will first present the standard for awarding fees under the Act, then I will discuss the merits of each claim.
I. AWARDING ATTORNEY FEES UNDER THE EAJA
The Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A) provides that attorney fees should be awarded to a prevailing party in an action by or against the United States “unless the court finds that the position of the United States was substantially justified or…
2Cases cited13 opinions
- Natural Resources Defense Council, Inc. v. U.S. Environmental Protection Agency, Chemical Manufacturers Association, IntervenorsCourt of Appeals for the Third Circuit · 1983
- Paul W. Guthrie v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Fourth Circuit · 1983
- Action on Smoking and Health v. Civil Aeronautics Board, Action on Smoking and Health v. Civil Aeronautics Board, Action on Smoking and Health v. Civil Aeronautics Board, Action on Smoking and Health v. Civil Aeronautics Board, Air Transport Association of America, Transamerica Airlines, Inc., IntervenorsCourt of Appeals for the D.C. Circuit · 1984
- Anthony J. Celebrezze, Secretary of the Department of Health, Education and Welfare v. Edgar L. WarrenCourt of Appeals for the Tenth Circuit · 1964
- Zimmerman v. SchweikerDistrict Court, E.D. New York · 1983
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3Cited by4 opinions
- Blaisdell v. Secretary of Health & Human ServicesDistrict Court, D. Maine · 1985
- Hawkins v. HecklerDistrict Court, D. Kansas · 1985
- McCoach v. BowenDistrict Court, D. New Jersey · 1987
- Ornelas v. HecklerDistrict Court, D. Colorado · 1984