Opinion

Nichols ex rel. Johnston v. Pierce

  • 740 F.2d 1249
  • 239 U.S. App. D.C. 146
  • 1984 U.S. App. LEXIS 19681
Court
Court of Appeals for the D.C. Circuit
Filed
Aug 10, 1984
Status
Published
Author
Mikva
On the bench
Federal, Markey, Mikva, Wilkey
Cited by
40 cases
Authority
More cited than 1.8%

characterizing as final a district court decision that resolved the merits of a case, notwithstanding the pendency of a postjudgment motion for statutory attorney's fees; unclear whether a holding

How later courts described this case

  • characterizing as final a district court decision that resolved the merits of a case, notwithstanding the pendency of a postjudgment motion for statutory attorney's fees; unclear whether a holding
  • reviewing the fee shifting provisions of the Equal Access to Justice Act, 28 U.S.C. Sec. 2412, but refusing to substitute "broad interpretive innuendo" for "congressional silence"
  • “The policies inherent in the rule requiring strict construction of waivers of sovereign immunity strongly suggest that any doubts about the scope of a waiver be resolved in favor of the narrower governmental liability”
  • narrowly construing definition of which suits were “pending,” and thus may involve fee awards, at time of passage of Equal Access to Justice Act

Written by the judges who cited it.

Distinguished

  • Distinguished by Birkland v. Rotary Plaza, Inc., 643 F. Supp. 223 (1986)

    Nichols is inapposite because its plaintiff never brought a cause of action under the FOIA.
    District Court, N.D. CaliforniaAug 7, 1986Read it

The opinion

MIKVA, Circuit Judge,

concurring . in part, dissenting in part.

I concur in the result of this case and concur in the reasoning articulated in Parts II and IIIB.

I cannot concur, however, in the reasoning of Part IIIA and therefore dissent from that section. I believe that Bradley v. School Board of the City of Richmond, 416 U.S. 696 , 94 S.Ct. 2006 , 40 L.Ed.2d 476 (1974), requires us to hold that the Equal Access to Justice Act applies to this suit. Bradley squarely held that the question of fees was sufficient to keep a case open for the purpose of applying another fee statute passed by Congress. See also Knights of the Ku Klux Klan v. East Baton Rouge-Parish School Board, 679 F.2d 64 (5th Cir.1982); Heydt v. Citizens State Bank, 668 F.2d 444 (8th Cir.1982). I would therefore reverse the district court on this issue.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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