Legal Opinion
McLaughlin v. Hagel
Court of Appeals for the First Circuit
Decided September 23, 2014No. 14-1035PublishedCited by 19 opinions
1Opinion of the Court
LYNCH, Chief Judge.
The plaintiffs (“McLaughlin Group”), who prevailed in a constitutional challenge to Section 3 of the Defense of Marriage Act (“DOMA”), 1 U.S.C. § 7, appeal from the district court’s denial of fees and costs under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. §§ 2412(a)(1) & (d). Whether prevailing parties who successfully challenged Section 3 of DOMA are entitled to fees under EAJA is an issue of first impression in any Court of Appeals.
On appeal, the McLaughlin Group argues that the government’s position could not have been substantially justified because its…
2Cases cited15 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Marbury v. MadisonSupreme Court of the United States · 1803
- United States v. WindsorSupreme Court of the United States · 2013
- Zivotofsky Ex Rel. Zivotofsky v. ClintonSupreme Court of the United States · 2012
- Sierra Club v. Secretary of the Army, Sierra Club v. Secretary of the Army, Sierra Club v. Secretary of TransportationCourt of Appeals for the First Circuit · 1987
10 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Michel v. MayorkasCourt of Appeals for the First Circuit · 2023
- BERRY v. SOCIAL SECURITY ADMINISTRATION COMMISSIONERDistrict Court, D. Maine · 2021
- BOWLER v. SOCIAL SECURITY ADMINISTRATION COMMISSIONERDistrict Court, D. Maine · 2021
- Benigno N. v. Commissioner of Social SecurityDistrict Court, D. Puerto Rico · 2026
- CORTESE v. COMMISSIONER OF SOCIAL SECURITYDistrict Court, E.D. Pennsylvania · 2020
14 more not listed; retrieve them via the Exa API.