Legal Opinion
Former Employees of Motorola Ceramic Products v. United States
Court of Appeals for the Federal Circuit
Decided July 24, 2003No. 02-1223PublishedCited by 78 opinions
1Opinion of the Court
Opinion of the court filed by Circuit Judge DYK; Dissenting opinion filed by CircuitJudge RADER.
DYK, Circuit Judge.
James Barney and Michael Hanseman (“appellants”) appeal the Court of International Trade’s decision denying them attorneys’ fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, on the ground that they were not “prevailing parties.” We hold that parties who secure a consent order remanding a proceeding to an administrative agency because of an alleged error on the merits (where the court also retains jurisdiction) are “prevailing parties” under EAJA if they…
2Cases cited20 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Shalala v. SchaeferSupreme Court of the United States · 1993
- Melkonyan v. SullivanSupreme Court of the United States · 1991
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
- Commissioner, Immigration & Naturalization Service v. JeanSupreme Court of the United States · 1990
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3Cited by78 opinions
- Rahinah Ibrahim v. US Dept. of Homeland SecurityCourt of Appeals for the Ninth Circuit · 2019
- Raniere v. Microsoft CorporationCourt of Appeals for the Federal Circuit · 2018
- Shum v. Intel Corp.Court of Appeals for the Federal Circuit · 2010
- Yordanos Muhur v. John D. Ashcroft, Attorney General of the United StatesCourt of Appeals for the Seventh Circuit · 2004
- Castaneda Castillo v. Holder, Jr.Court of Appeals for the First Circuit · 2013
73 more not listed; retrieve them via the Exa API.