Legal Opinion

Former Employees of Motorola Ceramic Products v. United States

United States Court of International Trade

Decided November 28, 2001No. Consol. 99-07-00393PublishedCited by 2 opinions

1Opinion of the Court

Opinion

CARMAN, Chief Judge.

Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 (2001), and Rule 68 of this Court, Plaintiffs have applied for fees and other expenses related to Former Employees of Motorola Ceramic Products v. United States, Consolidated Court Number 99-07-00393. This Court denies Plaintiffs’ application for fees and other expenses because Plaintiffs do not qualify as a prevailing party under the Equal Access to Justice Act (EAJA).

Background

Plaintiffs sought worker adjustment assistance under the Trade Act of 1974, as amended, but the United States Department of…

2Cases cited12 opinions

  1. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
  2. James Doty and Susan Doty v. The United States, Defendant/cross-AppellantCourt of Appeals for the Federal Circuit · 1995
  3. Kellee Jo Beard v. Julia Teska, Etc.Court of Appeals for the Tenth Circuit · 1994
  4. S-1 and S-2 v. State Board of Education of North CarolinaCourt of Appeals for the Fourth Circuit · 1994
  5. Daniel Payne v. Board of Education, Cleveland City SchoolsCourt of Appeals for the Sixth Circuit · 1996

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3Cited by2 opinions

  1. Former Employees of Motorola Ceramic Products v. United StatesCourt of Appeals for the Federal Circuit · 2003
  2. Former Employees of Motorola Ceramic Products v. United StatesCourt of Appeals for the Federal Circuit · 2003

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