27 Cited authorities

  1. Sullivan v. Hudson

    490 U.S. 877 (1989)   Cited 958 times   3 Legal Analyses
    Holding that Social Security administrative proceedings held on remand from a district court order "are an integral part of the `civil action' for judicial review," and thus that attorney's fees for representation on remand are available under the civil action provisions of the EAJA, 28 U.S.C. § 2412
  2. Morton v. Mancari

    417 U.S. 535 (1974)   Cited 1,357 times   9 Legal Analyses
    Holding that the Indian Commerce Clause empowers Congress to “single Indians out as a proper subject for separate legislation.”
  3. Adkins v. DuPont Co.

    335 U.S. 331 (1948)   Cited 3,960 times   1 Legal Analyses
    Holding that, to proceed IFP, a litigant must show that she "cannot because of [her] poverty pay or give security for the costs . . . and still be able to provide [her]self . . . with the necessities of life"
  4. Devlin v. Scardelletti

    536 U.S. 1 (2002)   Cited 454 times   10 Legal Analyses
    Holding that members of a class who have objected to the proposed settlement of a class action are considered parties for purposes of appealing a judgment that rejects their objections and approves the settlement
  5. United States v. Wheeler

    435 U.S. 313 (1978)   Cited 810 times   1 Legal Analyses
    Holding that "the prosecution of an Indian in a federal district court under the Major Crimes Act, 18 U.S.C. § 1153, when he has previously been convicted in a tribal court of a lesser included offense arising out of the same incident" is not barred by the Double Jeopardy Clause
  6. U.S. v. Jicarilla Apache Nation

    564 U.S. 162 (2011)   Cited 256 times   3 Legal Analyses
    Finding no specific fiduciary duty to disclose all information related to the administration of Indian trusts
  7. Delaware Tribal Business Comm. v. Weeks

    430 U.S. 73 (1977)   Cited 85 times
    Holding that plenary power of Congress in matters of Indian affairs is not absolute nor immune from judicial scrutiny
  8. Adsani v. Miller

    139 F.3d 67 (2d Cir. 1998)   Cited 104 times
    Holding that "Hirschensohn does not address the case where . . . an independent federal statute explicitly authorizes attorney's fees 'as part of the costs' both at trial and upon appeal . . . ."
  9. Cobell v. Norton

    407 F. Supp. 2d 140 (D.D.C. 2005)   Cited 44 times
    Holding that entries such as "prepare for trial," "further trial preparation and document review," "trial preparation," and "preparation for trial" "are so vaguely generic that the Court can not determine with certainty whether the activities they purport to describe were necessary and reasonable"
  10. Lone Wolf v. Hitchcock

    187 U.S. 553 (1903)   Cited 281 times   1 Legal Analyses
    Holding that Congress could terminate a reservation unilaterally
  11. Section 1291 - Final decisions of district courts

    28 U.S.C. § 1291   Cited 89,159 times   139 Legal Analyses
    Granting jurisdiction to the courts of appeals from final decisions of federal district courts "except where a direct review may be had in the Supreme Court"
  12. Section 2412 - Costs and fees

    28 U.S.C. § 2412   Cited 29,008 times   22 Legal Analyses
    Limiting the eligibility of individuals and entities to claim attorney's fees under EAJA to those who "net worth" is under specified amounts
  13. Rule 24 - Proceeding in Forma Pauperis

    Fed. R. App. P. 24   Cited 19,352 times   1 Legal Analyses
    Recognizing that "[t]he simple and expeditious motion procedure" set forth in Fed.R.App.P. 24, "rather than an appeal from . . . the certification of lack of good faith, [is] the proper procedure for calling in question the correctness of the action of the district court"
  14. Rule 38 - Frivolous Appeal-Damages and Costs

    Fed. R. App. P. 38   Cited 2,653 times   14 Legal Analyses
    Allowing the court to award damages and costs for a frivolous appeal upon "a separately filed motion"
  15. Rule 8 - Stay or Injunction Pending Appeal

    Fed. R. App. P. 8   Cited 1,403 times   6 Legal Analyses
    Referring to interim relief from “the judgment or order of a district court pending appeal” as “a stay”
  16. Form 7 - Declaration of Inmate Filing

    Fed. R. App. P. 7   Cited 228 times   2 Legal Analyses

    ______________________________________________ [insert name of court; for example, United States District Court for the District of Minnesota] A.B., Plaintiff v. }Case No.________ C.D., Defendant I am an inmate confined in an institution. Today, ________ [insert date], I am depositing the ________ [insert title of document; for example, "notice of appeal"] in this case in the institution's internal mail system. First-class postage is being prepaid either by me or by the institution on my behalf.