· 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 CourtListenerSourced 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.