United States Federal Circuit

After a disabled Navy veteran prevailed in an action brought alleging that her rights as a preference eligible had been violated when she was denied employment at the VA, denial of her petition for attorney's fees and expenses under 5 U.S.C. section 3330c(b) is reversed and vacated in part, and remanded where: 1) an AJ erroneously read the statute to state that attorney's fees and expenses are unreasonable if success before the Board was not in some way attributable to the efforts of the successful party's attorney, or services were rendered prior to the attorney's entry of appearance before the Board; and 2) a remand was required for a determination as to the amount of fees.

Appellate Information

• Decided 10/05/2007
• Published 10/05/2007

Judges

• CLEVENGER, Senior Circuit Judge., Before RADER, Circuit Judge, CLEVENGER, Senior Circuit Judge, and DYK, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Wild Chang, Wild Chang & Chang, of Rowland Heights, CA, argued for petitioner.


• For Appellees:
  
• John Todor, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent.   On the brief were Peter D. Keisler, Acting Attorney General, Jeanne E. Davidson, Director, Deborah A. Bynum, Assistant Director, and Michael S. Dufault, Trial Attorney.