Legal Opinion

Power, David F. v. Massanari, Larry G.

Court of Appeals for the D.C. Circuit

Decided June 11, 2002No. 01-5182PublishedCited by 165 opinions

1Opinion of the Court

GARLAND, Circuit Judge:

Attorney David Power seeks a writ of mandamus compelling the Social Security Administration (SSA) to approve a fee agreement he submitted to recover fees for representing a claimant before the SSA. The district court dismissed Power’s complaint, finding that he had failed to satisfy the strict requirements for mandamus. Because neither Power’s right to relief nor the SSA’s duty to provide it is clear, and because Power failed to avail himself of an adequate alternative remedy, we affirm the district court’s determination that a grant of the extraordinary remedy of…

2Cases cited15 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Gisbrecht v. BarnhartSupreme Court of the United States · 2002
  3. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  4. United States v. Mead Corp.Supreme Court of the United States · 2001
  5. Allied Chemical Corp. v. Daiflon, Inc.Supreme Court of the United States · 1980

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3Cited by165 opinions

  1. American Hospital Association v. Sylvia BurwellCourt of Appeals for the D.C. Circuit · 2016
  2. Fornaro, Carmine v. James, Kay ColesCourt of Appeals for the D.C. Circuit · 2005
  3. In Re Medicare Reimbursement LitigationCourt of Appeals for the D.C. Circuit · 2005
  4. Turner v. AstrueDistrict Court, District of Columbia · 2013
  5. American Chemistry Council, Inc. v. United States Department of Health and Human ServicesDistrict Court, District of Columbia · 2013

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