United States Second Circuit

In case involving class action suit filed on behalf of home-bound Medicare beneficiaries who rely on Medicare coverage for various in-home services provided by home health agencies, award of attorney fees under EAJA is affirmed as to the decision to award fees and to reduce the amount sought, however, the award is reversed to the extent the fees were awarded above the statutory cap.

Appellate Information

• Decided 04/17/2007
• Published 04/17/2007

Judges

• KATZMANN, Circuit Judge., Before KATZMANN, HALL, Circuit Judges, and TRAGER, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Lawrence S. Lustberg, Megan Lewis, Newark, NJ, for Amicus Curiae The Brennan Center for Justice.


• For Appellees:
  
• Gill Deford (Judith Stein, Brad Plebani, Pamela A. Meliso, Willimantic, CT;  Alfred J. Chiplin, Jr., Vicki Gottlich, Washington, DC;  Sally Hart, Tuscon, AZ;  Diane Paulson, Boston, MA;  Edward C. King, Washington, DC;  Sarah Lock, Washington, DC;  Lenore Gerard, San Francisco, CA on the brief), for Plaintiffs-Appellees-Cross-Appellants., Jeffrey Clair (Barbara C. Biddle on the brief), for Kevin J. O'Connor, United States Attorney for the District of Connecticut, and Peter D. Keisler, Assistant Attorney General, Department of Justice, Washington, DC, for Defendant-Appellant-Cross-Appellee.