Legal Opinion
Thomas P. Chotta v. Eric K. Shinseki
United States Court of Appeals for Veterans Claims
Decided June 5, 2009No. 08-11267, 05-3204(E)PublishedCited by 3 opinions
1Opinion of the Court
LANCE, Judge:
Before the Court is the appellant, Thomas P. Chotta’s, June 27, 2008, application for an award of $8,262 in attorney fees and expenses pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). The Secretary’s sole argument in opposition to the application is that his position was substantially justified. For the reasons that follow, the appellant’s EAJA application will be denied.
I. BACKGROUND
In a July 25, 2007, single-judge memorandum decision, the Court affirmed an October 7, 2005, Board of Veterans’ Appeals (Board) decision denying the appellant an initial…
2Cases cited19 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Ramcor Services Group, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 1999
- Esther Marcus v. Donna E. Shalala, Secretary of Health and Human ServicesCourt of Appeals for the Seventh Circuit · 1994
- Stillwell v. BrownUnited States Court of Appeals for Veterans Claims · 1994
- Roanoke River Basin Ass'n v. HudsonCourt of Appeals for the Fourth Circuit · 1993
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3Cited by3 opinions
- Cline v. ShinsekiUnited States Court of Appeals for Veterans Claims · 2013
- Cline v. ShinsekiUnited States Court of Appeals for Veterans Claims · 2013
- Philip G. Cline v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2013