Legal Opinion

Schock v. United States

Court of Appeals for the First Circuit

Decided June 22, 2001No. 00-2514PublishedCited by 77 opinions

1Opinion of the Court

LYNCH, Circuit Judge.

In the Equal Access to Justice Act (EAJA), Congress provided that a prevailing party may recover attorneys’ fees and expenses in a civil action against any “agency ... of the United States” unless the court finds the position of the United States “substantially justified.” 28 U.S.C. § 2412(d)(1)(A). This appeal is about the denial of EAJA fees to a plaintiff who was successful in a contract claim against the FDIC as receiver of an insolvent bank. Attorneys’ fees and expenses in the sum of $27,896.00 are sought for a judgment for plaintiff of $23,331.72. The district court…

2Cases cited16 opinions

  1. Pierce v. UnderwoodSupreme Court of the United States · 1988
  2. Blinzler v. Marriott International, Inc.Court of Appeals for the First Circuit · 1996
  3. Sierra Club v. Secretary of the Army, Sierra Club v. Secretary of the Army, Sierra Club v. Secretary of TransportationCourt of Appeals for the First Circuit · 1987
  4. John E. Washington v. Margaret M. Heckler, Secretary of Health and Human ServicesCourt of Appeals for the Third Circuit · 1985
  5. United States v. Franklin M. YoffeCourt of Appeals for the First Circuit · 1985

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

3Cited by77 opinions

  1. Garanti Finansal Kiralama A.S. v. Aqua Marine and Trading Inc.Court of Appeals for the Second Circuit · 2012
  2. Aronov v. NapolitanoCourt of Appeals for the First Circuit · 2009
  3. Castaneda Castillo v. Holder, Jr.Court of Appeals for the First Circuit · 2013
  4. Norris v. Securities and Exchange CommissionCourt of Appeals for the Federal Circuit · 2012
  5. SAYSANA v. GillenCourt of Appeals for the First Circuit · 2010

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

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