Legal Opinion
Edward Brown v. Secretary of Health and Human Services of the United States
Court of Appeals for the Third Circuit
Decided November 23, 1984No. 84-5076PublishedCited by 90 opinions
1Opinion of the Court
OPINION OF THE COURT
ADAMS, Circuit Judge.
This is an appeal from a denial by the district court of a petition for attorney’s fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1)(A) (1982). 1 The appeal presents a question of statutory construction .complicated by the factual context as well as by the procedural posture of the case. We conclude that the district court did not err in refusing to award attorney’s fees since at the time the petition was filed the plaintiff was not yet a “prevailing party” as required by the EAJA.
I
The plaintiff, Edward Brown, applied for…
2Cases cited23 opinions
- Hanrahan v. HamptonSupreme Court of the United States · 1980
- Leo R. Smith v. Joseph A. Califano, Jr., Secretary of the Department of Health, Education and WelfareCourt of Appeals for the Third Circuit · 1981
- Ford Motor Co. v. National Labor Relations BoardSupreme Court of the United States · 1939
- Benerethia McGill v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1983
- Paul W. Guthrie v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Fourth Circuit · 1983
18 more not listed; retrieve them via the Exa API.
3Cited by90 opinions
- Sullivan v. HudsonSupreme Court of the United States · 1989
- Jessie SINGLETON, Plaintiff-Appellee, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-AppellantCourt of Appeals for the Seventh Circuit · 1988
- Myers v. SullivanCourt of Appeals for the Eleventh Circuit · 1990
- Baker v. BowenCourt of Appeals for the Fifth Circuit · 1988
- Frances GUGLIETTI, Plaintiff, Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, AppellantCourt of Appeals for the First Circuit · 1990
85 more not listed; retrieve them via the Exa API.