United States DC Circuit

When reviewing an application for attorneys' fees, section 504(a)(2) of Equal Access to Justice Act is to be interpreted as creating a bright-line rule, discernible by looking at the category of order in question and the applicable law of appealability, and when a potential appeal exists under the relevant statute, the time for appeal must lapse, or the appeal be completed, before the 30-day deadline begins to run.

Appellate Information

• Argued 03/22/2002
• Decided 04/19/2002
• Published 04/19/2002

Judges

• Before:  SENTELLE and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Marc B. Dorfman argued the cause for petitioner.   With him on the briefs was Arthur M. Schwartzstein.


• For Appellees:
  
• Michele R. Vollmer, Senior Counsel, Securities and Exchange Commission, argued the cause for respondent.   With her on the brief were David M. Becker, General Counsel, Richard M. Humes, Associate General Counsel, and Samuel M. Forstein, Assistant General Counsel.