Legal Opinion

Noel A. Brinker v. Lewis O. Guiffrida, Director of the Federal Emergency Management Agency United States of America

Court of Appeals for the Third Circuit

Decided August 19, 1986No. 85-1757PublishedCited by 48 opinions

1Opinion of the Court

OPINION OF THE COURT

MANSMANN, Circuit Judge.

Noel A. Brinker appeals from an order of the United States District Court for the Eastern District of Pennsylvania denying Mr. Brinker’s petition for an award of attorney’s fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 (Supp. IV 1980). Mr. Brinker was the prevailing party in an action against the Federal Emergency Management Agency (“FEMA”) for the proceeds of a crime insurance policy. Therefore he may be awarded attorney’s fees unless the government meets its burden to show substantial justification for its position…

2Cases cited14 opinions

Stanley Spencer v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1983
Prandini v. National Tea Co.Court of Appeals for the Third Circuit · 1978
Natural Resources Defense Council, Inc. v. U.S. Environmental Protection Agency, Chemical Manufacturers Association, IntervenorsCourt of Appeals for the Third Circuit · 1983
Dougherty, Gregory v. Lehman, John, Secretary of the Navy, Dougherty, Gregory v. Lehman, John, Secretary of the NavyCourt of Appeals for the Third Circuit · 1983
Bagby v. BealCourt of Appeals for the Third Circuit · 1979

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

3Cited by48 opinions

Locher v. BrownUnited States Court of Appeals for Veterans Claims · 1996
Dorothy A. Cummings v. Louis W. Sullivan, M.D., Secretary of Health and Human ServicesCourt of Appeals for the Seventh Circuit · 1991
Chesser v. WestUnited States Court of Appeals for Veterans Claims · 1998
Adamar of New Jersey, Inc. v. August (In Re August)United States Bankruptcy Court, E.D. Pennsylvania · 2011
Orville Taylor v. United StatesCourt of Appeals for the Third Circuit · 1987

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