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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).

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