PRACTICE PAPERS
Attorney's Fees
Handron v. Sebelius
Thursday, November 12, 2009
Under the EAJA, a person must appear and advocate a position for the United States in order for a proceeding to be an adversary adjudication entitling a nongovernmental prevailing party to attorneys' fees.
SPONSOR SPOTLIGHT
DiMisa v. Acquaviva
Thursday, April 16, 2009
The third-party exception to the American Rule does not apply where the tortfeasor and the putative third party are effectively one.
Singer Management Consultants Inc. v. Milgram
Tuesday, April 14, 2009
Vacation of a temporary restraining order resulted from a "perceived voluntary change in conduct, and not from a direct court order," therefore, attorneys' fees will not be awarded because plaintiffs cannot be considered prevailing parties within the meaning of Sect. 1988.
DiMisa et al v. Acquaviva et al
Monday, May 19, 2008
A judge mistakenly applied equitable corporate piercing principles when he refused to recognize the attorneys' fees incurred in plaintiff's action against a corporation as the basis for plaintiffs' claim for compensatory damages and dismissed the complaint.
Williams v. Commissioner of Social Security
Tuesday, May 6, 2008
Attorneys' fees awarded pursuant to the EAJA after a successful appeal of the denial of Social Security benefits are payable directly to the attorneys.
Jama v. Esmor Correctional Services, Inc. et al
Wednesday, April 30, 2008
Where plaintiff was determined to be a prevailing party under § 1988 and her state and federal claims were based on the same conduct, reasonable attorneys' fees were awarded but limited by the extent of plaintiff's success on her federal civil rights claim.
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