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· 6/21/2016

Timothy Lawrence Doscoli v. Commonwealth of Virginia

Citations

  • 66 Va. App. 419
  • 786 S.E.2d 472
  • 2016 Va. App. LEXIS 186

How courts have described this case

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

  • holding that it is an abuse of discretion when a district court fails to provide an adequate explanation and that such a failure requires a remand
  • holding it was error for a district court to reject state bar report without offering an explanation of its inadequacy, for purposes of calculating hourly rate under EAJA
  • “[T]he United States must pay fees awarded under the EAJA out of government funds.”
  • “[T]he United States must pay fees awarded under the EAJA out of government funds.”
  • “[A]n EAJA award offsets an award under Section 406(b) . . . .” (citing Gisbrecht); Jankovich v. Bowen, 868 F.2d 867, 871 n.1 (6th Cir. 1989) (“[The EAJA] prohibits attorneys from collecting both EAJA fees and § 406(b
  • “The EAJA imposes a statutory cap of ‘$125 per hour’ on the rate used to calculate the lodestar ‘unless the court determines that an increase in the cost of living or a special factor . . . justifies a higher fee.’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Petty, Chaein, Decker

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.