· 3/17/2009
Andrepont v. Murphy Exploration and Production Co.
Citations
- 566 F.3d 415
- 2009 A.M.C. 1403
- 2009 WL 689679
- 2009 U.S. App. LEXIS 5486
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the Fourth, Fifth, and Sixth Circuits have “rejected the Ninth Circuit’s ‘legislative intent’ approach, . . . [and] conclud[ed] that one of section 928(b
- upholding the denial of fees under § 928(b) where an informal hearing was held and the employer accepted the recommendation from the informal process
- “[W]hen a statute speaks with clarity to an issue[,] judicial inquiry into the statute’s meaning, in all but the most extraordinary circumstance, is finished.” (citation omitted)
- “[B]ased on the plain text of Section 928(b) . . . fee-shifting is unavailable here . . . . [Claimant’s] policy arguments are therefore best addressed to Congress, not the courts.”
- “[T]he plain language . . . requires that an employer must refuse to accept the informal recommendation before attorneys’ fees are shifted”; “[W]e [cannot] elevate the purposes of the statute above the plain text reading.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Garwood, Dennis, Prado
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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