Legal Opinion

Starry Associates, Inc. v. United States

Court of Appeals for the Federal Circuit

Decided June 22, 2018No. 2017-2148PublishedCited by 17 opinions

1Opinion of the Court

O'Malley, Circuit Judge.

The sole issue in this appeal is the meaning of the term "special factor" in 28 U.S.C. § 2412 (d)(2)(A), a subsection of the Equal Access to Justice Act ("EAJA"). When a trial court finds that a "special factor" exists, it is authorized to increase the statutory attorney fee rate in certain cases brought by or against the government.

In this case, the United States Court of Federal Claims ("Claims Court") entered judgment in favor of Plaintiff-Appellee Starry Associates, Inc. ("Starry") on its bid protest claim, concluding that the Department of Health and Human…

2Cases cited33 opinions

  1. Blum v. StensonSupreme Court of the United States · 1984
  2. Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
  3. Pierce v. UnderwoodSupreme Court of the United States · 1988
  4. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  5. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997

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3Cited by17 opinions

  1. Baude v. United StatesCourt of Appeals for the Federal Circuit · 2020
  2. Shealey v. WilkieCourt of Appeals for the Federal Circuit · 2020
  3. Sumecht NA, Inc. v. United StatesUnited States Court of International Trade · 2020
  4. 2m Research Services, LLC v. United StatesUnited States Court of Federal Claims · 2020
  5. Adkins v. United StatesUnited States Court of Federal Claims · 2021

12 more not listed; retrieve them via the Exa API.

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