54 Cited authorities

  1. Hensley v. Eckerhart

    461 U.S. 424 (1983)   Cited 21,428 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 9,055 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 3,765 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. Patterson v. McLean Credit Union

    491 U.S. 164 (1989)   Cited 2,372 times   8 Legal Analyses
    Holding that a hostile work environment discrimination claim is not actionable under § 1981
  5. Bragdon v. Abbott

    524 U.S. 624 (1998)   Cited 1,633 times   5 Legal Analyses
    Holding that DOJ's administrative guidance on ADA compliance is entitled to deference
  6. Central Bank of Denver v. First I.S. Bk. of Denver

    511 U.S. 164 (1994)   Cited 1,686 times   79 Legal Analyses
    Holding that Section 10(b)’s private right of action does not include suits against aiders and abettors
  7. Hewitt v. Helms

    482 U.S. 755 (1987)   Cited 838 times   2 Legal Analyses
    Holding that where a plaintiff received no damages award, injunction or declaratory judgment, or formal judgment in plaintiff's favor, but the defendant unilaterally altered the policies of which he complained, the plaintiff could not be said to be a prevailing party
  8. United States v. Craft

    535 U.S. 274 (2002)   Cited 492 times   3 Legal Analyses
    Holding that a federal tax lien may attach to tenancy by the entireties property to satisfy the tax obligation of one tenant
  9. Pension Benefit Guaranty Corp. v. LTV Corp.

    496 U.S. 633 (1990)   Cited 555 times   4 Legal Analyses
    Holding that the APA does not specifically require the agency to explain its decision when an informal adjudication is involved
  10. Rocovich v. Consol Edison Co.

    78 N.Y.2d 509 (N.Y. 1991)   Cited 1,689 times
    Holding that "[i]t is an accepted rule that all parts of a statute are intended to be given effect and that a statutory construction which renders one part meaningless should be avoided"
  11. Section 2412 - Costs and fees

    28 U.S.C. § 2412   Cited 28,287 times   22 Legal Analyses
    Providing that an EAJA fee motion shall be filed "within thirty days of final judgment"
  12. Section 1988 - Proceedings in vindication of civil rights

    42 U.S.C. § 1988   Cited 21,712 times   41 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)
  13. Section 22 - Appeals and fair hearings; judicial review

    N.Y. Soc. Serv. Law § 22   Cited 127 times

    1. Any person described in subdivision three of this section, or any individual authorized to act on behalf of any such person, may appeal to the department from decisions of social services officials or failures to make decisions upon grounds specified in subdivision five of this section. The department shall review the case and give such person an opportunity for a fair hearing thereon. The department may also, on its own motion, review any decision made or any case in which a decision has not

  14. Section 21 - Welfare management system

    N.Y. Soc. Serv. Law § 21   Cited 3 times

    1. The department shall design and implement a welfare management system which shall be capable of receiving, maintaining and processing information relating to persons who have applied for or been determined eligible for benefits under any program for which the department has supervisory responsibilities under this chapter, for the purpose of providing individual and aggregate data to such districts to assist them in making eligibility determinations and basic management decisions, to the department

  15. Section 358-6.4 - Compliance

    N.Y. Comp. Codes R. & Regs. tit. 18 § 358-6.4   Cited 24 times

    (a) For all decisions, except those involving food stamp issues only, definitive and final administrative action must be taken promptly, but in no event more than 90 days from the date of the request for a fair hearing. (b) (1) For all cases involving food stamp issues only the decision must be issued and the parties notified of the decision within 60 days of receipt of the request for the fair hearing by OAH. (2) If the decision will result in an increase in household food stamp benefits, social

  16. Section 358-6.1 - All decisions

    N.Y. Comp. Codes R. & Regs. tit. 18 § 358-6.1   Cited 21 times

    (a) The fair hearing decision issued by the commissioner must be based exclusively on the fair hearing record, or in the case of a decision without hearing, on the documents submitted by the appellant and the social services agency. The decision must be in writing and must set forth the fair hearing issues, the relevant facts, and the applicable law, regulations, and approved policy, if any, upon which the decision is based. The decision must make findings of fact, determine the issues and state

  17. Rule 82 - Attorney's Fees

    Alaska R. Civ. P. 82   Cited 520 times

    (a)Allowance to Prevailing Party. Except as otherwise provided by law or agreed to by the parties, the prevailing party in a civil case shall be awarded attorney's fees calculated under this rule. (b)Amount of Award. (1) The court shall adhere to the following schedule in fixing the award of attorney's fees to a party recovering a money judgment in a case: Judgment and, if awarded, Contested Contested Non- Prejudgment Interest With Trial Without Trial Contested First $ 25,000 20% 18% 10% Next $ 75