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· 8/13/1987

Ferdinand Oliveira v. The United States

Citations

  • 827 F.2d 735
  • 1987 U.S. App. LEXIS 479

How courts have described this case

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

  • holding that, pursuant to the EAJA, courts may not award \expenses of an attorney that are not incurred or expended solely or exclusively in connection with the case before the court.\
  • stating that this Court “may award only those reasonable and necessary expenses of an attorney incurred or paid in preparation for trial of the specific case before the court.”
  • Attorneys’ expenses “that are not incurred or expended solely or exclusively in connection with the case before the court ... cannot be awarded under the EAJA.”
  • “[E]xpenses of an attorney that are not incurred or expended solely or exclusively in connection with the case before the court . . . cannot be awarded under the EAJA.”
  • court has authority to award costs “customarily charged to the client”; trial court must “use its discretion, in view of the record before it, to determine whether a specific expense may be recovered”
  • “[T]he trial court, in its discretion, may award only those reasonable and necessary expenses of an attorney incurred or paid in preparation for trial of the specific case before the court, which expenses are those customarily charged to the client where the case is tried.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Friedman, Skelton, Smith

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.