64 Cited authorities

  1. Marx v. Gen. Revenue Corp.

    568 U.S. 371 (2013)   Cited 510 times   2 Legal Analyses
    Holding that statute was not "contrary" to Fed. R. Civ. P. 54 where it provided that "the court may award to the defendant attorney's fees reasonable in relation to the work expended and costs"
  2. Morissette v. United States

    342 U.S. 246 (1952)   Cited 2,109 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
  3. Matter of Gross v. Perales

    72 N.Y.2d 231 (N.Y. 1988)   Cited 238 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
  4. New York Health and Hosp. Corp. v. McBarnette

    84 N.Y.2d 194 (N.Y. 1994)   Cited 185 times

    Argued May 4, 1994 Decided June 30, 1994 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Joan B. Lobis, J. G. Oliver Koppell, Attorney-General, New York City (Barbara K. Hathaway and Jerry Boone of counsel), for appellants. Rosenman Colin, New York City (Peter F. Nadel, David A. Florman and Allison Sher Arkin of counsel), for respondent. TITONE, J. This appeal raises the question we left open in New York State Assn. of Counties v Axelrod ( 78 N.Y.2d 158,

  5. Rangolan v. County of Nassau

    96 N.Y.2d 42 (N.Y. 2001)   Cited 88 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.
  6. Rosner v. Metropolitan Property Liability Ins. Co.

    96 N.Y.2d 475 (N.Y. 2001)   Cited 86 times
    Approving a court's use of dictionaries as a tool to decipher a word's plain meaning
  7. United States v. Freight Association

    166 U.S. 290 (1897)   Cited 504 times   1 Legal Analyses
    In United States v. Trans-Missouri Freight Association, 166 U.S. 290 and United States v. Joint Traffic Association, 171 U.S. 505, the opinions of the Court left the impression among many that every contract in restraint of trade, no matter whether lawful and reasonable or void and unenforceable at common law, was within the penalty of the statute.
  8. Bakhtriger v. Elwood

    360 F.3d 414 (3d Cir. 2004)   Cited 66 times
    Holding that "habeas proceedings do not embrace review of the exercise of discretion" in criminal alien cases
  9. Matter of Sutka v. Conners

    73 N.Y.2d 395 (N.Y. 1989)   Cited 99 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]"
  10. Frank v. Meadowlakes Development Corp.

    849 N.E.2d 938 (N.Y. 2006)   Cited 46 times
    In Frank, we held that CPLR article 16 limited the amount that can be recovered in indemnity when a tortfeasor's liability is 50% or less.
  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 365,885 times   525 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
  12. Section 2412 - Costs and fees

    28 U.S.C. § 2412   Cited 18,645 times   16 Legal Analyses
    Outlining the process by which a "party" must seek an award for "fees and other expenses"
  13. Section 1988 - Proceedings in vindication of civil rights

    42 U.S.C. § 1988   Cited 17,841 times   34 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)
  14. 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 339 times   1 Legal Analyses
    Authorizing fee awards in certain cases for prevailing parties against the state or cities, towns, or counties
  15. Section 12-910 - Scope of review

    Ariz. Rev. Stat. § 12-910   Cited 162 times   2 Legal Analyses
    Instructing court to hold evidentiary hearing "to the extent necessary to make the determination required by subsection E"
  16. Section 4.84.350 - Judicial review of agency action-Award of fees and expenses

    Wash. Rev. Code § 4.84.350   Cited 154 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

  17. Section 213 - Judicial review and enforcement

    N.Y. Civ. Serv. Law § 213   Cited 41 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

  18. Section 227.485 - Costs to certain prevailing parties

    Wis. Stat. § 227.485   Cited 12 times

    (1) The legislature intends that hearing examiners and courts in this state, when interpreting this section, be guided by federal case law, as of November 20, 1985, interpreting substantially similar provisions under the federal equal access to justice act, 5 USC 504. (2) In this section: (a) "Hearing examiner" means the agency or hearing examiner conducting the hearing. (b) "Nonprofit corporation" has the meaning designated in s. 181.0103(17). (c) "Small business" means a business entity, including

  19. 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 1 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