Legal Opinion
Phil Smidt & Son, Inc. v. National Labor Relations Board
Court of Appeals for the Seventh Circuit
Decided January 15, 1987No. 85-2749PublishedCited by 30 opinions
1Opinion of the Court
RIPPLE, Circuit Judge.
The petitioner, Phil Smidt & Son, Inc. (Phil Smidt), applied for an award of attorneys’ fees, costs and expenses pursuant to the Equal Access to Justice Act (EAJA), 5 U.S.C. § 504 (Supp. Ill 1985). 1 That application arose out of backpay litigation initiated by the General Counsel of the National Labor Relations Board (NLRB or Board). The Board, finding that the General Counsel’s position in the backpay litigation was substantially justified, dismissed the petitioner’s application. For the reasons which follow, we vacate the Board’s order and remand this case for…
2Cases cited13 opinions
- Helvering v. TaylorSupreme Court of the United States · 1935
- Laurence G. Russell, William L. Hanna, and Eddie D. Langwell v. National Mediation BoardCourt of Appeals for the Fifth Circuit · 1985
- Allen S. Berman v. Richard S. Schweiker, Secretary of Health and Human Services, DefendantCourt of Appeals for the Seventh Circuit · 1983
- United States v. 341.45 Acres of LandCourt of Appeals for the Eighth Circuit · 1984
- American Pacific Concrete Pipe Company, Inc. v. National Labor Relations BoardCourt of Appeals for the Ninth Circuit · 1986
8 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- United States v. Hallmark Construction CompanyCourt of Appeals for the Seventh Circuit · 2000
- Dorothy A. Cummings v. Louis W. Sullivan, M.D., Secretary of Health and Human ServicesCourt of Appeals for the Seventh Circuit · 1991
- Edwards v. McMahonCourt of Appeals for the Ninth Circuit · 1987
- Samuel Riddle v. Secretary of Health and Human ServicesCourt of Appeals for the Sixth Circuit · 1987
- Sheely v. Wisconsin Department of Health & Social ServicesWisconsin Supreme Court · 1989
25 more not listed; retrieve them via the Exa API.