53 Cited authorities

  1. Hensley v. Eckerhart

    461 U.S. 424 (1983)   Cited 21,688 times   7 Legal Analyses
    Holding a civil-rights plaintiff can recover attorney's fees for claims that "involve a common core of facts or will be based on related legal theories," even if only one of those claims arises under a fee-shifting statute
  2. Pierce v. Underwood

    487 U.S. 552 (1988)   Cited 9,140 times   10 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 3,828 times   17 Legal Analyses
    Holding that a party becomes a prevailing party once there is a "judicially sanctioned change in the legal relationship of the parties"
  4. Texas Teachers Assn. v. Garland School Dist

    489 U.S. 782 (1989)   Cited 1,873 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)
  5. Jean v. Nelson

    863 F.2d 759 (11th Cir. 1988)   Cited 666 times
    Holding "that the United States may not oppose a `fees for fees' request [under the Equal Access to Justice Act, 28 U.S.C. § 2412,] solely on the ground that its position in the fee litigation was substantially justified"
  6. United States v. Florida East Coast R. Co.

    410 U.S. 224 (1973)   Cited 320 times   1 Legal Analyses
    Holding that a statute's use of the word “hearing” did not “by its own force require [an agency] either to hear oral testimony, to permit cross-examination ..., or to hear oral argument”
  7. Role Models America, Inc. v. Brownlee

    353 F.3d 962 (D.C. Cir. 2004)   Cited 345 times
    Holding that the government's position was not substantially justified notwithstanding the fact that it had been accepted by the district court
  8. National Ass'n of Concerned Veterans v. Secretary of Defense

    675 F.2d 1319 (D.C. Cir. 1982)   Cited 524 times   2 Legal Analyses
    Holding that a fee application must "contain sufficiently detailed information about the hours logged and the work done"
  9. In re North

    59 F.3d 184 (D.C. Cir. 1995)   Cited 134 times
    Holding that a ten percent reduction in the requested hourly rates is appropriate if a party fails to provide any evidence of "the qualifications of particular professionals"
  10. Action on Smoking and Health v. C.A.B

    724 F.2d 211 (D.C. Cir. 1984)   Cited 176 times
    Holding that the time limitation for filing an initial application for attorneys' fees and expenses under the EAJA is jurisdictional
  11. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 98,104 times   136 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
  12. Section 1291 - Final decisions of district courts

    28 U.S.C. § 1291   Cited 89,242 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"
  13. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,176 times   1237 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
  14. Section 2412 - Costs and fees

    28 U.S.C. § 2412   Cited 29,049 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
  15. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,651 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment
  16. Section 1920 - Taxation of costs

    28 U.S.C. § 1920   Cited 12,622 times   91 Legal Analyses
    Referring only once to "expenses," and doing so solely to refer to special interpretation services provided in actions initiated by the United States
  17. Section 1651 - Writs

    28 U.S.C. § 1651   Cited 11,096 times   60 Legal Analyses
    Granting us the power to "issue all writs necessary or appropriate in aid of [our] . . . jurisdiction[] and agreeable to the usages and principles of law"
  18. Section 702 - Right of review

    5 U.S.C. § 702   Cited 7,106 times   25 Legal Analyses
    Granting judicial review of "agency action"
  19. Section 551 - Definitions

    5 U.S.C. § 551   Cited 4,771 times   69 Legal Analyses
    Adopting the definition set out in the APA
  20. Section 704 - Actions reviewable

    5 U.S.C. § 704   Cited 4,280 times   31 Legal Analyses
    Granting judicial review over " final agency action"
  21. Section 201.5 - Drugs; adequate directions for use

    21 C.F.R. § 201.5   Cited 45 times   13 Legal Analyses
    Defining "adequate directions for use" as "directions under which the layman can use a device safely and for the purposes for which it is intended"
  22. Section 601.4 - Issuance and denial of license

    21 C.F.R. § 601.4   Cited 5 times

    (a) A biologics license shall be issued upon a determination by the Director, Center for Biologics Evaluation and Research or the Director, Center for Drug Evaluation and Research that the establishment(s) and the product meet the applicable requirements established in this chapter. A biologics license shall be valid until suspended or revoked. (b) If the Commissioner determines that the establishment or product does not meet the requirements established in this chapter, the biologics license application