Second Circuit· 4/17/2007
Healey v. Leavitt
Citations
- 485 F.3d 63
- 2007 U.S. App. LEXIS 8697
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that the “Government bears the burden of showing that its position was ‘substantially justified’”
- explaining that the traditional approach to determining a fee award is the “lodestar” calculation, which is the number of hours expended multiplied by a reasonable hourly rate
- rejecting fee enhancement for Medicare case that did not require knowledge or skills beyond the ordinary
- affirming the district court’s finding that the government’s position was not substantially justified
- \[A] case requires 'specialized expertise' within the meaning of the EAJA only when it requires some knowledge or skill that cannot be obtained by a competent practicing attorney through routine research or legal experience.\ (emphasis added)
Source: CourtListener parenthetical corpus (CC0).
Cited by
10 cases in this archive cite this case.
- Caplash v. NielsenW.D. New York· 2018-03-23· cited 18×
- Arbor Hill Concerned Citizens Neighborhood Ass'n v. County of AlbanySecond Circuit· 2007-04-24· cited 9×
- Prochazka v. United StatesFederal Claims· 2014-05-30· cited 6×
- Sarro v. AstrueE.D. New York· 2010-07-21· cited 5×
- Coe v. Town of Blooming GroveS.D. New York· 2010-05-18· cited 4×
- Senville v. MadisonSecond Circuit· 2009-06-10· cited 4×
- Barwari v. MukaseySecond Circuit· 2008-06-30· cited 4×
- Lumen View Technology, LLC v. Findthebest.com, Inc.S.D. New York· 2014-10-23· cited 1×
- Ericksson v. Commissioner of Social SecuritySecond Circuit· 2009-02-19
- N.G.B. v. New York City Department of EducationSecond Circuit· 2025-07-24
Cites
20 cases in this archive are cited by this case.
- Hensley v. EckerhartSupreme Court· 1983-05-16· cited 17,202×
- Pierce v. UnderwoodSupreme Court· 1988-06-27· cited 6,197×
- Commissioner, Immigration & Naturalization Service v. JeanSupreme Court· 1990-06-04· cited 1,875×
- LeBlanc-Sternberg v. FletcherSecond Circuit· 1998-05-13· cited 249×
- Wells v. BowenSecond Circuit· 1988-08-09· cited 235×
- Khaled Kassim v. City of Schenectady and Michael T. BrockbankSecond Circuit· 2005-07-18· cited 175×
- Hyatt v. BarnhartFourth Circuit· 2002-08-22· cited 143×
- Lunday v. City of AlbanySecond Circuit· 1994-12-08· cited 131×
- Healey v. LeavittSecond Circuit· 2007-04-17· cited 48×
- Nathaniel Keon Smith, by His Mother and Next Friend Sanova Smith v. Otis Bowen, Secretary of Health and Human ServicesSecond Circuit· 1989-01-26· cited 41×
- Mar Oil, S.A., Plaintiff-Appellee-Cross-Appellant v. Francis X. Morrissey, Jr., Defendant-Appellant-Cross-AppelleeSecond Circuit· 1993-01-05· cited 39×
- Green v. TorresSecond Circuit· 2004-03-11· cited 39×
- Atlantic Fish Spotters Ass'n v. DaleyFirst Circuit· 2000-03-06· cited 24×
- Mary B. Chynoweth v. Louis W. Sullivan, in His Capacity as Secretary of the Department of Health and Human ServicesTenth Circuit· 1990-11-28· cited 24×
- United States v. $19,047.00 in United States Currency, Defendant-In-Rem, Parbottie Rodriguez, Claimant-AppellantSecond Circuit· 1996-09-12· cited 24×
- In Re Sealed Case 00-5116D.C. Circuit· 2001-07-03· cited 20×
- Sotelo-Aquije v. SlatterySecond Circuit· 1995-07-28· cited 17×
- Healey v. ThompsonD. Connecticut· 2001-09-21· cited 9×
- Dubose v. PierceSecond Circuit· 1988-09-09· cited 9×
- Connecticut State Department of Social Services v. ThompsonD. Connecticut· 2003-10-23· cited 7×
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.