Legal Opinion
Elizabeth Dole, Secretary of Labor, Petitioner-Cross v. Phoenix Roofing, Inc., Respondent-Cross v. Occupational Safety & Health Review Commission
Court of Appeals for the Fifth Circuit
Decided February 4, 1991No. 90-4092PublishedCited by 13 opinions
1Opinion of the Court
GOLDBERG, Circuit Judge:
The Secretary of Labor (the “Secretary”) appeals the Occupational Safety and Health Review Commission’s (the “OSHRC”) decision awarding attorney’s fees to Phoenix Roofing, Inc. (“Phoenix”). The Secretary alleges that for several reasons the OSHRC lacked jurisdiction under the Equal Access to Justice Act (the “EAJA”) to award these fees. First, the Secretary alleges that Phoenix failed to meet the statutory time requirements for filing an application for attorney’s fees in reference to the Second Citation (as hereinafter defined). Second, the Secretary alleges that the…
2Cases cited17 opinions
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- Sears, Roebuck & Co. v. MacKeySupreme Court of the United States · 1956
- United States v. FaustoSupreme Court of the United States · 1988
- Bowen v. Michigan Academy of Family PhysiciansSupreme Court of the United States · 1986
- Marie Lucie Jean v. Alan C. NelsonCourt of Appeals for the Eleventh Circuit · 1988
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3Cited by13 opinions
- Roger FREEMAN, Plaintiff-Appellant, v. Donna SHALALA, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1993
- United States v. Thouvenot, Wade & Moerschen, Inc.Court of Appeals for the Seventh Circuit · 2010
- Hernandez v. State Board of Registration for Healing ArtsMissouri Court of Appeals · 1997
- Castaneda v. AshcroftCourt of Appeals for the Fifth Circuit · 2002
- Davis v. AngoffMissouri Court of Appeals · 1997
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