Legal Opinion

Kean v. Stone

Court of Appeals for the Third Circuit

Decided June 3, 1992No. 91-5944PublishedCited by 19 opinions

1Opinion of the Court

OPINION OF THE COURT

NYGAARD, Circuit Judge.

Appellant Gary Kean was the prevailing party in a discrimination action brought before the Merit Systems Protection Board (MSPB) and requested attorney fees, calculated at the market rate under 5 U.S.C. § 7701(g). The district court granted summary judgment against Kean and awarded attorney fees calculated at cost-plus-overhead because Kean was represented by a salaried union attorney. The sole issue on appeal is whether when one prevails in a discrimination action, represented by a salaried union attorney before the Board, one is entitled to…

2Cases cited13 opinions

  1. Blum v. StensonSupreme Court of the United States · 1984
  2. Newman v. Piggie Park Enterprises, Inc.Supreme Court of the United States · 1968
  3. United Mine Workers v. Illinois State Bar Ass'nSupreme Court of the United States · 1967
  4. Rode v. DellarcipreteCourt of Appeals for the Third Circuit · 1990
  5. Student Public Interest Research Group of New Jersey, Inc. And Friends of the Earth, in 86-5927 v. At & T Bell Laboratories, in 86-5895Court of Appeals for the Third Circuit · 1988

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3Cited by19 opinions

  1. George Jumara and Evangelina Jumara, H/w v. State Farm Insurance CompanyCourt of Appeals for the Third Circuit · 1995
  2. Centennial Archaeology, Inc. v. AECOM, Inc.Court of Appeals for the Tenth Circuit · 2012
  3. Larry Raney v. Federal Bureau of PrisonsCourt of Appeals for the Federal Circuit · 2000
  4. Rebecca H. Holmes v. Millcreek Township School DistrictCourt of Appeals for the Third Circuit · 2000
  5. McLendon v. Continental Group, Inc.District Court, D. New Jersey · 1994

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

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