Legal Opinion
Tyler Business Services, Inc. v. National Labor Relations Board
Court of Appeals for the Fourth Circuit
Decided November 24, 1982No. 81-1847PublishedCited by 98 opinions
1Opinion of the Court
BUTZNER, Senior Circuit Judge:
Following our decision in Tyler Business Services, Inc. v. NLRB, 680 F.2d 338 (4th Cir.1982), denying enforcement of an order of the National Labor Relations Board, Tyler moved for an award of costs and attorney’s fees pursuant to the Equal Access to Justice Act. 1 We grant Tyler’s motion.
I
The Act requires an award of attorney’s fees to a qualified party prevailing against the United States 2 unless the court finds that “the position of the United States was substantially justified or that special circumstances make an award unjust.” 3 The legislative history…
2Cases cited9 opinions
- Hutto v. FinneySupreme Court of the United States · 1979
- Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
- Photo Data, Inc. v. SawyerDistrict Court, District of Columbia · 1982
- Alspach v. District Director of Internal RevenueDistrict Court, D. Maryland · 1981
- Wyandotte Savings Bank v. The National Labor Relations BoardCourt of Appeals for the Sixth Circuit · 1982
4 more not listed; retrieve them via the Exa API.
3Cited by98 opinions
- Wallis D. CORNELLA, Appellant, v. Richard SCHWEIKER, Secretary, Health & Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1984
- Stanley Spencer v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1983
- Natural Resources Defense Council, Inc. v. U.S. Environmental Protection Agency, Chemical Manufacturers Association, IntervenorsCourt of Appeals for the Third Circuit · 1983
- Paul W. Guthrie v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Fourth Circuit · 1983
- Rawlings v. HecklerCourt of Appeals for the Ninth Circuit · 1984
93 more not listed; retrieve them via the Exa API.