Legal Opinion
John C. Bertrand v. Louis W. Sullivan, M.D., Secretary, Department of Health and Human Services
Court of Appeals for the Fifth Circuit
Decided November 11, 1992No. 92-4264PublishedCited by 14 opinions
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
John Bertrand appeals the district court’s denial of his application for attorney’s fees following remand to the defendant, the Secretary of Health and Human Services. Agreeing with the district court that Bertrand is not now a “prevailing party,” we affirm.
I
Bertrand filed a complaint seeking review of the Secretary’s denial of his application for social security disability benefits. The parties filed cross-motions for summary judgment. In his report to the district court, the magistrate judge recommended that both motions be denied and that the matter be…
2Cases cited6 opinions
- Melkonyan v. SullivanSupreme Court of the United States · 1991
- Hanrahan v. HamptonSupreme Court of the United States · 1980
- Benerethia McGill v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1983
- Gregory Luna v. United States Department of Health and Human ServicesCourt of Appeals for the Fifth Circuit · 1991
- First Nationwide Bank, a Federal Savings Bank v. Summer House Joint VentureCourt of Appeals for the First Circuit · 1990
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Patrick Breaux, Ssn: Sdw-Um-Wkqt v. United States Department of Health and Human ServicesCourt of Appeals for the Fifth Circuit · 1994
- Istre v. ApfelCourt of Appeals for the Fifth Circuit · 2000
- Jerry A. Pease v. Pakhoed Corp., Jerry A. Pease v. Pakhoed Corp.Court of Appeals for the Fifth Circuit · 1993
- Deborah A. KERSHAW, Plaintiff-Appellant, v. Donna E. SHALALA Secretary, U.S. Department of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1993
- Virginia L. HOLT, Plaintiff-Appellee, v. Donna E. SHALALA, Secretary, Department of Health and Human Services, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1994
9 more not listed; retrieve them via the Exa API.