Ed A. Wilson, Inc. v. General Services Administration

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that once it has been established that Congress has waived immunity, the courts should not assume the authority to limit the waiver that Congress has established
• holding that the petitioner “incurred” fees and expenses paid on his behalf by a third party even though the petitioner’s obligation to repay that third party was contingent on a recovery of those fees
• stating that “courts have awarded attorney fees 12 under EAJA and similar fee-shifting statutes requiring that fees be ‘incurred’ when the prevailing 13 party is represented by a legal services organization or counsel appearing pro bono.”
• noting that plaintiffs that have third parties pay for their legal representation, such as those whose costs are paid by unions or insurers, still “incur” legal fees even where “the litigant will incur no additional obligation of payment to counsel”
• Equal Access to Justice Act; awarding fee when insurer paid the fee even though statute limited award to “expenses incurred by [the] party ” (internal quotation marks omitted)
• “legislative history of the Act warns against an ‘overly technical construction * * * resulting in the unwarranted denial of fees’ ” (quoting Brewer v. Am. Battle Monuments Commn., 814 F.2d 1564, 1566-1567 (Fed. Cir. 1987))

Source: CourtListener parenthetical corpus (CC0).