67 Cited authorities

Immigration & Naturalization Service v St. Cyr
533 U.S. 289 (2001) Cited 1,383 times 1 Legal Analyses
Holding that title of provision, "Elimination of Custody Review by Habeas Corpus," along with broad statement of intent to preclude review, was not sufficient to bar review of habeas corpus petitions
Marx v. Gen. Revenue Corp.
568 U.S. 371 (2013) Cited 771 times 3 Legal Analyses
Holding that court may award costs to prevailing defendants in cases under Fair Debt Collection Practices Act without finding under 15 U.S.C. § 1692k that plaintiff brought case in bad faith and for the purpose of harassment
Morissette v. United States
342 U.S. 246 (1952) Cited 2,271 times 15 Legal Analyses
Holding that it is a defense to a charge of "knowingly converting" federal property that one did not know that what one was doing was a conversion
Sekhar v. United States
570 U.S. 729 (2013) Cited 161 times 5 Legal Analyses
Holding "property" does not include coercing someone to recommend an investment
Matter of Gross v. Perales
72 N.Y.2d 231 (N.Y. 1988) Cited 267 times
Finding that incidental damages are money that the agency is required to pay upon the annulment or nullification of the underlying administrative action, i.e., the agency would still have been obligated to reimburse the petitioner even had the petitioner not requested it
New York Health and Hosp. Corp. v. McBarnette
84 N.Y.2d 194 (N.Y. 1994) Cited 198 times
In NYCHHC v. McBarnette, 84 N.Y.2d 194, 616 N.Y.S.2d 1, 639 N.E.2d 740 (1994), the Court of Appeal clarified that the holding in Jones "concerns itself only with the inefficiency of using the class action form when the prospective rights of interested litigants can be safeguarded by other means".
Rangolan v. County of Nassau
96 N.Y.2d 42 (N.Y. 2001) Cited 99 times
In Rangolan v. County of Nassau (96 NY2d 42), this Court held that CPLR 1602 (2) (iv) did not preclude apportionment when a defendant's liability arose from a nondelegable duty because the subsection was a savings provision and not an exception.
Rosner v. Metropolitan Property Liability Ins. Co.
96 N.Y.2d 475 (N.Y. 2001) Cited 94 times
Approving a court's use of dictionaries as a tool to decipher a word's plain meaning
United States v. Freight Association
166 U.S. 290 (1897) Cited 520 times 1 Legal Analyses
Holding challenge to allegedly collusive association agreement was justiciable despite association's voluntary dissolution, as members still claimed agreement was legal
Matter of Sutka v. Conners
73 N.Y.2d 395 (N.Y. 1989) Cited 105 times
Stating that courts are bound to give effect to the intent of the legislature as expressed, first, in the text of the statute and, second, in the "such facts . . . as may . . . legitimately reveal [legislators' intent]"
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 485,542 times 688 Legal Analyses
Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
Section 2412 - Costs and fees
28 U.S.C. § 2412 Cited 28,538 times 22 Legal Analyses
Providing that an EAJA fee motion shall be filed "within thirty days of final judgment"
Section 1988 - Proceedings in vindication of civil rights
42 U.S.C. § 1988 Cited 21,761 times 43 Legal Analyses
Finding that 28 U.S.C. § 1920 defines the term "costs" as used in Rule 54(d) and enumerates the expenses that a federal court may tax as a cost under the discretionary authority granted in Rule 54(d)
Section 9 - Jurisdiction and powers of the court
N.Y. Ct. Cl. Act § 9 Cited 544 times
Outlining the jurisdiction and powers of the Court of Claims
Section 298 - Judicial review and enforcement
N.Y. Exec. Law § 298 Cited 278 times 1 Legal Analyses
Any complainant, respondent or other person aggrieved by an order of the commissioner which is an order after public hearing, a cease and desist order, an order awarding damages, an order dismissing a complaint, or by an order of the division which makes a final disposition of a complaint may obtain judicial review thereof, and the division may obtain an order of court for its enforcement and for the enforcement of any order of the commissioner which has not been appealed to the court, in a proceeding
Section 4.84.350 - Judicial review of agency action-Award of fees and expenses
Wash. Rev. Code § 4.84.350 Cited 190 times
(1) Except as otherwise specifically provided by statute, a court shall award a qualified party that prevails in a judicial review of an agency action fees and other expenses, including reasonable attorneys' fees, unless the court finds that the agency action was substantially justified or that circumstances make an award unjust. A qualified party shall be considered to have prevailed if the qualified party obtained relief on a significant issue that achieves some benefit that the qualified party
Section 12-910 - Scope of review
Ariz. Rev. Stat. § 12-910 Cited 188 times 2 Legal Analyses
Describing scope of review under the Act
Section 536.087 - Reasonable fees and expenses awarded prevailing party in civil action or agency proceeding - application, content, filed with court or agency where party appeared - appeal by state, effect - power of court or agency to reduce requested amount or deny, when - form of award - judicial review, when
Mo. Rev. Stat. § 536.087 Cited 57 times
1. A party who prevails in an agency proceeding or civil action arising therefrom, brought by or against the state, shall be awarded those reasonable fees and expenses incurred by that party in the civil action or agency proceeding, unless the court or agency finds that the position of the state was substantially justified or that special circumstances make an award unjust. 2. In awarding reasonable fees and expenses under this section to a party who prevails in any action for judicial review of
Section 213 - Judicial review and enforcement
N.Y. Civ. Serv. Law § 213 Cited 47 times
(a) Final orders of the board made pursuant to this article shall be conclusive against all parties to its proceedings and persons who have had an opportunity to be parties to its proceedings unless reversed or modified in proceedings for enforcement or judicial review as hereinafter provided. Final orders shall be (i) reviewable under article seventy-eight of the civil practice law and rules upon petition filed by an aggrieved party within thirty days after service by registered or certified mail
Section 12-348 - Award of fees and other expenses against the state or a city, town or county; reduction or denial of award; application; basis for amount of award; source of award; definitions
Ariz. Rev. Stat. § 12-348 Cited 45 times
Barring an award of fees for "proceedings brought by this state pursuant to title 13 or 28"

Betty L. Kimmel, Respondent,v.State of New York et al., Appellants.--------------------------------Emmelyn Logan-Baldwin, Interested Party-Respondent.

67 Cited authorities

Holding that title of provision, "Elimination of Custody Review by Habeas Corpus," along with broad statement of intent to preclude review, was not sufficient to bar review of habeas corpus petitions

Holding that court may award costs to prevailing defendants in cases under Fair Debt Collection Practices Act without finding under 15 U.S.C. § 1692k that plaintiff brought case in bad faith and for the purpose of harassment

Holding that it is a defense to a charge of "knowingly converting" federal property that one did not know that what one was doing was a conversion

Holding "property" does not include coercing someone to recommend an investment

Finding that incidental damages are money that the agency is required to pay upon the annulment or nullification of the underlying administrative action, i.e., the agency would still have been obligated to reimburse the petitioner even had the petitioner not requested it

In NYCHHC v. McBarnette, 84 N.Y.2d 194, 616 N.Y.S.2d 1, 639 N.E.2d 740 (1994), the Court of Appeal clarified that the holding in Jones "concerns itself only with the inefficiency of using the class action form when the prospective rights of interested litigants can be safeguarded by other means".

In Rangolan v. County of Nassau (96 NY2d 42), this Court held that CPLR 1602 (2) (iv) did not preclude apportionment when a defendant's liability arose from a nondelegable duty because the subsection was a savings provision and not an exception.

Approving a court's use of dictionaries as a tool to decipher a word's plain meaning

Holding challenge to allegedly collusive association agreement was justiciable despite association's voluntary dissolution, as members still claimed agreement was legal

Stating that courts are bound to give effect to the intent of the legislature as expressed, first, in the text of the statute and, second, in the "such facts . . . as may . . . legitimately reveal [legislators' intent]"

Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

Providing that an EAJA fee motion shall be filed "within thirty days of final judgment"

Finding that 28 U.S.C. § 1920 defines the term "costs" as used in Rule 54(d) and enumerates the expenses that a federal court may tax as a cost under the discretionary authority granted in Rule 54(d)

Outlining the jurisdiction and powers of the Court of Claims

Describing scope of review under the Act

Barring an award of fees for "proceedings brought by this state pursuant to title 13 or 28"