Legal Opinion

Winters v. Wilkie

Court of Appeals for the Federal Circuit

Decided August 10, 2018No. 2017-1815PublishedCited by 4 opinions

1Opinion of the Court

Lourie, Circuit Judge.

Regina Winters ("Winters") appeals from the decision of the United States Court of Appeals for Veterans Claims ("Veterans Court") denying her application for attorney fees and expenses pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412 (d). See Winters v. Shulkin , No. 14-2879(E), 2017 WL 604119 (Vet. App. Feb. 15, 2017) (" EAJA Decision "). Because the Veterans Court did not err in determining that Winters is not a "prevailing party" under EAJA, we affirm.

*1379 BACKGROUND

Winters is the surviving spouse of deceased veteran Arthur L. Winters. Arthur Winters…

2Cases cited18 opinions

  1. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
  2. Texas State Teachers Ass'n v. Garland Independent School DistrictSupreme Court of the United States · 1989
  3. CRST Van Expedited, Inc. v. Equal Emp't Opportunity Comm'nSupreme Court of the United States · 2016
  4. Former Employees of Motorola Ceramic Products v. United StatesCourt of Appeals for the Federal Circuit · 2003
  5. Bagwell v. BrownUnited States Court of Appeals for Veterans Claims · 1996

13 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Greenidge v. CollinsCourt of Appeals for the Federal Circuit · 2026
  2. InterGlobal Forest LLC v. United StatesUnited States Court of International Trade · 2024
  3. Robinson v. WilkieCourt of Appeals for the Federal Circuit · 2021
  4. Zeta Global Corp. v. Maropost Marketing Cloud, Inc.District Court, S.D. New York · 2023

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