Legal Opinion
27 soc.sec.rep.ser. 18, unempl.ins.rep. Cch 14888a Claire McDonald v. Secretary of Health and Human Services
Court of Appeals for the First Circuit
Decided September 7, 1989No. 88-2177PublishedCited by 99 opinions
1Opinion of the Court
LEVIN H. CAMPBELL, Chief Judge.
The Secretary of Health and Human Services (“HHS”) appeals from the award of attorneys’ fees to plaintiffs in a suit that had challenged certain Social Security regulations. The fees were awarded by the district court under the Equal Access to Justice Act (“EAJA”). Enacted in 1980, EAJA provides that in some circumstances the United States shall be ordered by the court to pay the attorneys’ fees of a party that prevails against it. The relevant portion of EAJA provides,
Except as otherwise specifically provided by statute, a court shall award to a prevailing…
2Cases cited30 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Bowen v. YuckertSupreme Court of the United States · 1987
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
25 more not listed; retrieve them via the Exa API.
3Cited by99 opinions
- Commissioner, Immigration & Naturalization Service v. JeanSupreme Court of the United States · 1990
- United States v. Plat 20, Lot 17Court of Appeals for the First Circuit · 1992
- Dixon v. ShalalaCourt of Appeals for the Second Circuit · 1995
- Esther Marcus v. Donna E. Shalala, Secretary of Health and Human ServicesCourt of Appeals for the Seventh Circuit · 1994
- Torres-Rivera v. O'Neill-CancelCourt of Appeals for the First Circuit · 2008
94 more not listed; retrieve them via the Exa API.