Legal Opinion
United States v. Harrell
Court of Appeals for the Tenth Circuit
Decided April 29, 2011No. 10-2153PublishedCited by 79 opinions
1Opinion of the Court
McKAY, Circuit Judge.
This appeal asks us to consider whether the defendant-appellant property owners were the “prevailing party” in this case, as that term is defined for eminent domain proceedings under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(2)(H). The district court deter mined that appellants were not the prevailing party, even though the court had awarded them a judgment for approximately $3.8 million, and the court therefore denied their motion for approximately $2 million in attorney’s fees and costs under EAJA.
We affirm the district court’s order denying…
2Cases cited6 opinions
- Wheeler v. CommissionerCourt of Appeals for the Tenth Circuit · 2008
- Hansen v. Harper Excavating, Inc.Court of Appeals for the Tenth Circuit · 2011
- United States v. Charles Gyurman Land & Cattle Co.Court of Appeals for the Tenth Circuit · 1987
- Sloan v. PughCourt of Appeals for the Tenth Circuit · 2003
- FRUITT v. AstrueCourt of Appeals for the Tenth Circuit · 2010
1 more not listed; retrieve them via the Exa API.
3Cited by79 opinions
- Byrd v. WorkmanCourt of Appeals for the Tenth Circuit · 2011
- Genesee County Employees' Retirement System v. Thornburg Mortgage Securities TrustDistrict Court, D. New Mexico · 2011
- United States v. WalkerCourt of Appeals for the Tenth Circuit · 2019
- Doe v. University of Colorado, Boulder ex rel. Board of RegentsDistrict Court, D. Colorado · 2017
- Iweha v. State of KansasCourt of Appeals for the Tenth Circuit · 2024
74 more not listed; retrieve them via the Exa API.