Legal Opinion
Burris v. Heckler
District Court, N.D. Texas
Decided November 9, 1984No. Civ. A. 4-83-24-EPublishedCited by 3 opinions
1Opinion of the Court
ORDER
MAHON, District Judge.
The plaintiff herein has filed two motions for an award of attorney’s fees, one under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and the other based on a contingent fee contract between the plaintiff and his attorney. The Secretary opposes both motions.
The EAJA permits an award of attorney’s fees to the prevailing party “[e]xcept as otherwise provided by statute____[and] unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust.” 28 U.S.C. § 2412(d). The plaintiff…
2Cases cited7 opinions
- Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974
- August Gava, Jr. v. The United StatesCourt of Appeals for the Federal Circuit · 1983
- Donis Buckley v. Margaret M. Heckler, Secretary of Health and Human Services, DefendantCourt of Appeals for the Fifth Circuit · 1984
- Trujillo v. HecklerDistrict Court, D. Colorado · 1984
- Lovel Redden v. John W. Gardner, Secretary of Health, Education, and WelfareCourt of Appeals for the Fourth Circuit · 1968
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Taylor v. HecklerDistrict Court, D. New Jersey · 1985
- Losco v. BowenDistrict Court, S.D. New York · 1986
- Smith v. BowenDistrict Court, S.D. Indiana · 1987