In Re ESTATE OF (1991)

green · 70 citation events across 11 courts. Showing the 19 strongest citers on record (one row per citing case, strongest signal kept).

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Treatment trajectory · 1991 → 2026 · click a year to view the case as of then

199120082026

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green Valdez v. Barnhart (2006)

Rule Authority · 10th Cir. · signal: cf. · 2 citations in this opinion

Cf. Estate of Smith, 930 F.2d at 1501-02 (holding that appellate court’s determination that agency’s failure to promulgate certain regulations was arbitrary and capricious foreclosed district court’s *820 subsequent finding that government’s position was substantially justified).

holding that appellate court’s determination that agency’s failure to promulgate certain regulations was arbitrary and capricious foreclosed district court’s *820 subsequent finding that government’s position was substantially justified

green Caring Hearts Personal Home Services, Inc. v. Burwell (2016)

Rule Authority · 10th Cir.

Indeed, we would not be surprised if — should Caring Hearts bring an otherwise eligible application for costs and fees under the Equal Access to Justice Act, 28 U.S.C. § 2412 (d) — CMS were to accept on remand that its positions in this case were not “substantially justified.” See Gatson v. Bowen, 854 F.2d 379, 380-81 (10th Cir. 1988); Estate of Smith v. O’Halloran, 930 F.2d 1496, 1501-02 (10th Cir. 1991).

green Hartter v. Callahan (1998)

Rule Authority · 10th Cir.

While the Commissioner has never argued in this court or the district court that Hartter is not a prevailing party, we disagree with Jackson, 94 F.3d at 278 , that it is an issue that can be waived. 21 "The EAJA is a waiver of sovereign immunity and therefore must be strictly construed." Estate of Smith v. O'Halloran, 930 F.2d 1496, 1501 (10th Cir.1991).

green United States v. 87 Skyline Terrace (1994)

Rule Authority · 9th Cir.

See Levernier Constr., Inc. v. United States, 947 F.2d 497, 502 (Fed.Cir.1991); In re Estate of Smith, 930 F.2d 1496, 1501 (10th Cir.1991); Lane, 727 F.2d at 20-21.

green Spawn v. Western Bank Westheimer (1993)

Rule Authority · 5th Cir.

This fact alone, of course, does not render the FDIC's position substantially justified, see Estate of Smith v. O'Halloran, 930 F.2d 1496, 1501 (10th Cir.1991), but it is a factor weighing in favor of the FDIC.

green Gutierrez v. Sullivan (1992)

Rule Authority · 10th Cir.

Estate of Smith v. O'Halloran, 930 F.2d 1496, 1501 (10th Cir.1991).

green Olenhouse v. Commodity Credit Corp. (1996)

Rule Authority · D. Kan. · 3 citations in this opinion

Estate of Smith, 930 F.2d at 1501.

green Ronda A. Ballou v. Frank Bisignano, Commissioner of Social Security (2026)

Rule Authority · D. Kan.

Gilbert v. Shalala, 45 F.3d 1391, 1394 (10th 1In relevant part, the EAJA states: (d)(1)(A) . . . a court shall award to a prevailing party other than the United States fees and other expenses . . . unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust. . . . (2)(A) For the purposes of this subsection-- . . . (ii) attorney fees shall not be awarded in excess of $125 per hour unless the cour…

green Magallanes v. Social Security Administration, Commissioner of (2024)

Rule Authority · D. Kan.

Id.; Estate of Smith, 930 F.2d at 1501.

green Davis v. Social Security Administration, Commissioner of (2021)

Rule Authority · D. Kan.

Id.; Estate of Smith, 930 F.2d at 1501.

green Pope v. Social Security Administration, Commissioner of (2021)

Rule Authority · D. Kan.

Id.; Estate of Smith, 930 F.2d at 1501.

green Barnett v. Social Security Administration, Commissioner of (2020)

Rule Authority · D. Kan.

Id.; Estate of Smith, 930 F.2d at 1501.