United States Federal Circuit

An improper dismissal for lack of jurisdiction during the merits phase of a case can be reexamined in the course of a proceeding for attorneys' fees and expenses pursuant to the Equal Access to Justice Act, 28 USC 2412.

Appellate Information

• Decided 08/15/2001
• Published 08/15/2001

Judges

• DYK, Circuit Judge., Before NEWMAN, GAJARSA, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Michael E. Wildhaber,The Law Office of Wildhaber & Associates, of Washington, DC, argued for petitioner.


• For Appellees:
  
• Paul Hoburg, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent.   With him on the brief were David M. Cohen, Director;  and James M. Kinsella, Deputy Director.   Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel;  and David J. Barrans, Staff Attorney, Department of Veterans Affairs, of Washington, DC. Of counsel were Jan M. Folena, and John J. Field, Attorneys, Department of Justice, of Washington, DC.