William J. Kelly v. Nicholson
Court of Appeals for the Federal Circuit
1Opinion of the Court
Opinion for the court filed by Circuit Judge MAYER.
Dissenting opinion filed by Circuit Judge RADER.
MAYER, Circuit Judge.
William J. Kelly appeals the judgment of the United States Court of Appeals for Veterans Claims denying his application for reimbursement of legal fees and expenses under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). Kelly v. Principi, 19 Vet.App. 57, 2004 WL 3154587 (Ct.App.Vet.Cl. Oct. 28, 2004). We reverse and remand.
Background
In May 1989, Kelly filed a claim that he had balance problems and had been exposed to Agent Orange during his service in Vietnam.…
Also in this document: Dissent.
2Cases cited16 opinions
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
- Sullivan v. HudsonSupreme Court of the United States · 1989
- Lewis Hodge, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1998
- Clemment B. Epps, Claimant-Appellant v. Hershel W. Gober, Acting Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1997
- Former Employees of Motorola Ceramic Products v. United StatesCourt of Appeals for the Federal Circuit · 2003
11 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Rahinah Ibrahim v. US Dept. of Homeland SecurityCourt of Appeals for the Ninth Circuit · 2019
- Davis v. NicholsonCourt of Appeals for the Federal Circuit · 2007
- Patrick v. Dept. Of Veterans AffairsCourt of Appeals for the Federal Circuit · 2011
- Norris v. Securities and Exchange CommissionCourt of Appeals for the Federal Circuit · 2012
- Wagner v. ShinsekiCourt of Appeals for the Federal Circuit · 2011
44 more not listed; retrieve them via the Exa API.