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· 3/15/2011

Masias v. Secretary of Health and Human Services

Citations

  • 634 F.3d 1283
  • 2011 U.S. App. LEXIS 5011
  • 2011 WL 873148

How courts have described this case

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

  • holding that the special master did not err in awarding attorneys’ fees to Mr. Robert Moxley at the local Cheyenne, Wyoming, rate
  • stating that the special 5 master did not err in determining that the Vaccine Program was not complex litigation
  • stating that the Court of Federal Claims can remove special mas- ters for “incompetency, misconduct, or neglect of duty or for physical or mental disability or for other good cause shown”
  • explaining that, under Avera, “one market rate, the forum rate, should generally apply for attorneys’ fees[,] but . . . in certain circumstances, another market rate, the locality rate, should apply”
  • stating that the Court of Federal Claims can remove special masters for “incompe- tency, misconduct, or neglect of duty or for physical or men- tal disability or for other good cause shown”
  • accepting as reasonable the special master’s determination that a $220 and $350 forum rate results in a 59% differential

Source: CourtListener parenthetical corpus (CC0).

Judges: Bryson, Schall, Prost

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.