Legal Opinion

James v. Colvin

District Court, W.D. New York

Decided December 12, 2014No. 10-CV-6429LPublishedCited by 1 opinion

1Opinion of the Court

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

Pending before the Court is a motion brought on behalf of plaintiff, a prevailing party in this action for Social Security benefits, by her counsel, Jere B. Fletcher. Counsel seeks an order on behalf of his client, awarding attorneys fees and costs in the amount of $13,113.35, pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. (Dkt. # 21).

The Commissioner opposes plaintiffs motion, on the grounds that the request is excessive. I agree. After considering all of the relevant factors I find that there should be a significant…

2Cases cited8 opinions

Hensley v. EckerhartSupreme Court of the United States · 1983
Astrue v. RatliffSupreme Court of the United States · 2010
Gisbrecht v. BarnhartSupreme Court of the United States · 2002
Myron S. ASTON, Jr., Plaintiff-Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-AppellantCourt of Appeals for the Second Circuit · 1986
Alnutt v. ClearyDistrict Court, W.D. New York · 1998

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3Cited by1 opinion

Deglis Yohardis Salazar Osuna v. LaDeon Francis, Field Office Director of Enforcement and Removal Operations, New York Field Office, Immigration and Customs Enforcement; Todd Lyons, Acting Director, U.S. Immigration and Customs Enforcement; Kristi Noem, Secretary, U.S. Department of Homeland Security; Pamela Bondi, U.S. Attorney General; and Executive Office for Immigration ReviewDistrict Court, S.D. New York · 2026