Legal Opinion
Baker v. Bowen
Court of Appeals for the Fifth Circuit
Decided March 14, 1988No. Nos. 86-1620, 87-1422, 87-1133, 87-1246, 87-1247 and 87-1401PublishedCited by 114 opinions
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
These five cases, consolidated on appeal, challenge the failure of district courts in the northern district of Texas to award attorney’s fees above the statutory limit of $75 an hour prescribed by the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. These appellants also urge the need for uniformity in fee awards among various federal courts in Dallas. We hold that, as a usual matter, the statutorily set ceiling of $75 permits upward adjustment only in the rarest circumstances. However, the two exceptions to the ceiling specifically expressed in the…
2Cases cited18 opinions
- Mary Jane Ruderman Hirschey v. Federal Energy Regulatory Commission, Long Lake Energy Corporation, IntervenorCourt of Appeals for the D.C. Circuit · 1985
- Sierra Club v. Secretary of the Army, Sierra Club v. Secretary of the Army, Sierra Club v. Secretary of TransportationCourt of Appeals for the First Circuit · 1987
- Benerethia McGill v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1983
- Joseph Trichilo v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1987
- Action on Smoking and Health v. Civil Aeronautics Board, Action on Smoking and Health v. Civil Aeronautics Board, Action on Smoking and Health v. Civil Aeronautics Board, Action on Smoking and Health v. Civil Aeronautics Board, Air Transport Association of America, Transamerica Airlines, Inc., IntervenorsCourt of Appeals for the D.C. Circuit · 1984
13 more not listed; retrieve them via the Exa API.
3Cited by114 opinions
- Meyer v. SullivanCourt of Appeals for the Eleventh Circuit · 1992
- Zulema De La Garza Perales, Cross-Appellants v. Richard Casillas, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1992
- Rodgers v. AstrueDistrict Court, M.D. Florida · 2009
- John W. Bode and Toni Bode v. United States of America, Internal Revenue ServiceCourt of Appeals for the Fifth Circuit · 1991
- May v. SullivanCourt of Appeals for the Fourth Circuit · 1991
109 more not listed; retrieve them via the Exa API.