54 Cited authorities

  1. Shalala v. Schaefer

    509 U.S. 292 (1993)   Cited 7,927 times
    Holding sentence four remand is "judgment" triggering limitations period for attorney's fee motion under Equal Access to Justice Act, 28 U.S.C. § 2412
  2. Pierce v. Underwood

    487 U.S. 552 (1988)   Cited 9,095 times   9 Legal Analyses
    Holding that when Congress reenacts a statute without changing its language, and when there is no indication that “Congress thought it was doing anything ... except reenacting and making permanent” the earlier legislation, a court should not give weight to legislative history pertaining to the reenactment
  3. Buckhannon Board Care Home v. West Va. D.H.H.R

    532 U.S. 598 (2001)   Cited 3,797 times   17 Legal Analyses
    Holding that the ordinary meaning of "prevailing party" in 42 U.S.C. § 3613(c) and 42 U.S.C. § 12205 allows attorneys’ fees only when there is a "material alteration of the legal relationship of the parties."
  4. Melkonyan v. Sullivan

    501 U.S. 89 (1991)   Cited 5,693 times
    Holding that a district court may not use inherent power to remand in a disability benefits case
  5. Commissioner, INS v. Jean

    496 U.S. 154 (1990)   Cited 2,552 times   2 Legal Analyses
    Holding that this inquiry applies to attorney's fees under the EAJA
  6. Pickering v. Board of Education

    391 U.S. 563 (1968)   Cited 5,662 times   28 Legal Analyses
    Holding teacher's dismissal for criticizing school board unconstitutional
  7. Perry v. Sindermann

    408 U.S. 593 (1972)   Cited 4,498 times   1 Legal Analyses
    Holding that mutually explicit understanding could give rise to protected property interest
  8. Texas Teachers Assn. v. Garland School Dist

    489 U.S. 782 (1989)   Cited 1,866 times
    Holding that where party seeks attorney's fees pursuant to fee-shifting statute, "no fee award is permissible until the [party] has crossed the statutory threshold of prevailing party status" (internal quotation marked omitted)
  9. Florida Power Light Co. v. Lorion

    470 U.S. 729 (1985)   Cited 1,878 times   1 Legal Analyses
    Holding that the Hobbs Act vests in the court of appeals initial judicial review authority over an NRC order denying a petition under 10 C.F.R. § 2.206 for suspension of an operating license
  10. Scarborough v. Principi

    541 U.S. 401 (2004)   Cited 846 times
    Holding that a pleading requirement in the Equal Access to Justice Act was not jurisdictional and was therefore curable through subsequent amendment
  11. Rule 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 108,040 times   195 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"
  12. Section 2412 - Costs and fees

    28 U.S.C. § 2412   Cited 28,665 times   22 Legal Analyses
    Providing that an EAJA fee motion shall be filed "within thirty days of final judgment"
  13. Section 2155 - Information and advice from private and public sectors

    19 U.S.C. § 2155   Cited 12 times   1 Legal Analyses
    Requiring advisory committees to represent "all industry, labor, agricultural, or service interests (including small business interests) in the sector or functional areas concerned"