United States Federal Circuit

In an action for attorneys' fees under the Equal Access to Justice Act, two recent U.S. Supreme Court decisions preclude plaintiffs from attaining "prevailing party" status under EAJA.

Appellate Information

• Decided 07/24/2003
• Published 07/24/2003

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Kenneth M. Carpenter,Carpenter, Chartered, of Topeka, KS, argued for claimant-appellant., Allison M. Zieve, Public Citizen Litigation Group, of Washington, DC, argued for amici curiae National Veterans Legal Services Program, et al.   With her on the brief was Brian Wolfman.   Also on the brief were Barton F. Stichman and Louis J. George, National Veterans Legal Services Program, of Washington, DC, for National Veterans Legal Services Program., Barbara J. Cook, of Cincinnati, OH, for amicus curiae National Organization of Veterans Advocates in 02-7019., Frank E. Howard, of Oakland, CA, for amicus curiae Donald B. Gold.


• For Appellees:
  
• Christian J. Moran, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee.   With him on the brief were Robert D. McCallum, Jr., Associate Attorney General;  David M. Cohen, Director;  Todd M. Hughes, Franklin E. White, Jr., Assistant Directors;  and Kyle Chadwick, Attorney.   Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel;  and Martin Sendek, Attorney, Department of Veterans Affairs, of Washington, DC.