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Murray v. UBS Securities LLC, NY,Brief of Amicus, 2021

Brief • July 13, 2021

Filed under: Discrimination, Retaliation, Whistleblowing, Equal Access to Justice Act

Murray v. UBS Securities LLC, NY,Brief of Amicus, 2021 Case 21-56, Document 99, 07/13/2021, 3136945, Page1 of 35 20-4202-CV(L) 21-56-cv (XAP) IN THE United States Court of Appeals FOR THE SECOND CIRCUIT >> >> TREVOR MURRAY, Plaintiff-Appellee-Cross-Appellant, v. UBS SECURITIES LLC and UBS AG, Defendants-Appellants-Cross-Appellees. On Appeal from the United ...

Woman Not Prevailing Party; Not Entitled to Award Despite Temporary Restraining Order

Article • November 13, 2015

Filed under: Attorney Fee Awards, Equal Access to Justice Act

Woman Not Prevailing Party; Not Entitled to Award Despite Temporary Restraining Order by Woman Not Prevailing Party; Not Entitled to Award Despite Temporary Restraining Order The U.S. Court of Appeals for the Second Circuit Court has reversed a lower court's holding that a plaintiff was entitled to attorneys' fees as ...

Third Circuit Denies Claim against Government for Attorney’s Fees under EAJA

Article • April 15, 2013

Filed under: Federal Statutory Law, Equal Access to Justice Act

Third Circuit Denies Claim against Government for Attorney’s Fees under EAJA by Derek Gilna Dr. John Handron, a psychologist, failed in his attempt to win reimbursement for tens of thousands of attorneys' fees from the government he had incurred in defending the government's claim that he had overbilled Medicare more ...

Former Federal Prisoner Seeks Almost $280,000 in Attorney Fees from BOP

Article • September 15, 2011 • from PLN September, 2011

Filed under: Disciplinary Litigation, Malicious Prosecution, False Charges (Disciplinary Hearings), Presence at Hearing, Drug Testing, Attorneys, Attorney Fee Awards, Equal Access to Justice Act

Former Federal Prisoner Seeks Almost $280,000 in Attorney Fees from BOP by In an unusual case, Nicole Michelle Defontes is seeking nearly $280,000 in “attorney’s fees, expert fees, and costs to challenge the Bureau of Prisons’ (BOP) violations of its own rules and regulations,” according to a motion filed in ...

U.S. Supreme Court Holds Government May Offset Attorney Fees to Collect Litigant’s Debt

Article • September 15, 2010 • from PLN September, 2010

Filed under: Attorney Fee Awards, Federal Statutory Law, Equal Access to Justice Act

U.S. Supreme Court Holds Government May Offset Attorney Fees to Collect Litigant’s Debt by On June 14, 2010, the U.S. Supreme Court held that “fees and other expenses” awarded to a prevailing party are “payable to the litigant and ... therefore subject to a Government offset to satisfy a pre-existing ...

Eighth Circuit Rejects Debt Offset of EAJA Fees; Supreme Court to Hear Case

Article • March 15, 2010 • from PLN March, 2010

Filed under: Attorney Fee Awards, Federal Statutory Law, Equal Access to Justice Act

Eighth Circuit Rejects Debt Offset of EAJA Fees; Supreme Court to Hear Case by Mark Wilson The Eighth Circuit Court of Appeals has held that attorney’s fees awarded under the Equal Access to Justice Act (EAJA) may not be withheld to pay debts owed to the federal government. South Dakota ...

BOP Agrees to Pay $90,000 in Attorney’s Fees and Costs in Suit Over Constitutionality of Byline Regulation

Article • December 15, 2008 • from PLN December, 2008

Filed under: Attorney Fee Awards, Equal Access to Justice Act, Mail Regulations, Media, Prisoner Media

BOP Agrees to Pay $90,000 in Attorney’s Fees and Costs in Suit Over Constitutionality of Byline Regulation by BOP Agrees to Pay $90,000 in Attorney’s Fees and Costs in Suit Over Constitutionality of Byline Regulation On December 17, 2007, the Bureau of Prisons (BOP) agreed to pay $90,000 in attorney’s ...

EAJA Permits Recovery of Fees for Paralegal Services at Market Rates, US Supreme Court Holds

Article • December 15, 2008 • from PLN December, 2008

Filed under: Attorney Fee Awards, Paralegals, Federal Statutory Law, Equal Access to Justice Act

EAJA Permits Recovery of Fees for Paralegal Services at Market Rates, US Supreme Court Holds by EAJA Permits Recovery of Fees for Paralegal Services at Market Rates, US Supreme Court Holds The Equal Access to Justice Act (EAJA) authorized prevailing parties to obtain reimbursement of fees expended on paralegal services ...

Catalyst Theory Doesn’t Apply to EAJA

Article • August 15, 2008

Filed under: Attorney Fee Awards, Equal Access to Justice Act, International, Immigration

Catalyst Theory Doesn’t Apply to EAJA by Mirta Morillo-Cedron and other immigrants (plaintiffs) applied for U.S. citizenship, but the District Director for the U.S. Citizenship and Immigration Services (Director) didn’t act on their applications. The plaintiffs sued to compel action in federal district court. Before the court ruled, the Director ...

Paralegal Services Reimbursed at Market Rate Under Federal EAJA

Article • August 15, 2008

Filed under: Staffing, Attorney Fee Awards, Paralegals, Federal Statutory Law, Equal Access to Justice Act

Paralegal Services Reimbursed at Market Rate Under Federal EAJA by The Richlin Security Service Co. (Richlin) provided guards for U.S. government detainees at the Los Angeles International Airport during the 1990s. Contract ambiguities resulted in Richlin guards being underpaid. In 1995, the U.S. Department of Labor ordered the government to ...

Social Security Claimant Entitled to Attorney Fee Award

Article • May 15, 2007

Filed under: Attorneys, Attorney Fee Awards, Social Security, Administrative Procedures Act (Federal), Equal Access to Justice Act

Social Security Claimant Entitled to Attorney Fee Award by The United States Supreme Court held a federal court has power under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), to award a Social Security Claimant attorney's fees for representation provided during administrative proceedings held pursuant to a ...

Four Year Statute of Limitations for All Post 1990 Federal Laws

Article • May 15, 2007

Filed under: Civil Procedure, Limitations, Americans with Disabilities Act, All Writs Act, Federal Tort Claims Act, Individuals with Disabilities Education Act, Fair Labor Standards Act, RICO, Religious Freedom Restoration Act, Freedom of Information Act, 1964 Civil Rights Act, Title IX, Privacy Act, Voting Rights Act, Jury Service and Selection Act, Equal Access to Justice Act, Gender Motivated Violence Act, ERISA, American Indian Religious Freedom Act, Tax Injunction Act, Violence Against Women Act, RLUIPA, Public Health Services Act, False Claims Act, Fair Housing Act, Federal Housing Act, Title VII, Energy Conservation and Production Act, HIPAA, Lanham Trademark Act, National Environmental Policy Act, ADEA, Juvenile Justice and Delinquency Prevention Act, Foreign Sovereign Immunities Act, Alien Tort Claims Act, Alien Tort Statute (Federal), Torture Victims Act, Health Care Quality Improvement Act, Federal Extradition Act, Clean Water Act, USERRA

Four Year Statute of Limitations for All Post 1990 Federal Laws by In 1990, Congress passed a "catchall" four-year statute of limitations for actions arising under federal statutes enacted after December 1, 1990. This claim, which arose under the 1991 amendment to 42 U.S.C. § 1981, is governed by that ...

BOP Liable for Medical Neglect under State Tort Law

Article • May 15, 2007

Filed under: Medical, Skeletal Injury, Malpractice, Attorney Fee Awards, State Law Claims, Federal Tort Claims Act, Equal Access to Justice Act, Attorney Calls

BOP Liable for Medical Neglect under State Tort Law by BOP Liable for Medical Neglect Under State Tort Law A federal district court in Pennsylvania held that the Bureau of Prisons (BOP) was liable under the Federal Tort Claims Act for injuries a federal prisoner suffered as a result of ...

Pro Se Litigant Not Entitled to Attorney Fee Award

Article • May 15, 2007

Filed under: Attorney Fee Awards, Paralegals, Civil Procedure, Parties, Costs, Equal Access to Justice Act

Pro Se Litigant Not Entitled to Attorney Fee Award by Pro Se Litigant Not Entitled to Attorney Fee Award. The Seventh Circuit Court of Appeals held that a litigant acting pro se cannot be awarded attorney fees as a prevailing party under the Equal Access to Justice Act (EAJA), 28 ...

Bureau of Prisons Sexual Abuse Suit Settled for $500,000

Article • June 15, 1998 • from PLN June, 1998

Filed under: Federal Statutory Law, Equal Access to Justice Act

Bureau of Prisons Sexual Abuse Suit Settled for $500,000 by On Tuesday, March 3, 1998, at 3:00 p.m., at the United States District Court in San Francisco, U.S. District Court Judge Thelton E. Henderson was presented with a settlement of a civil rights suit against the United States Bureau of ...