ENGLISH
v.
GENERAL ELECTRIC CO.

U.S. | 1990-01-22
No. 89-152
493 U.S. 1055 Supreme Court of the United States (1990) Positive Treatment
Cited by 28 cases

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Cited By (22 total)

  • …the statutory prerequisites for an award of fees for prevailing in the case are satisfied, the award presumptively encompasses services for fee litigation. Because the Courts of Appeals have resolved this question differently, we granted certiorari. 493 U. S. 1055 (1990).5 [*158] I Section 2412(d)(1)(A) of Title 28 provides: “Except as otherwise specifically provided by statute, a court shall award to a prevailing party other than the United States fees and other expenses, in addition to any costs awarded p…
  • Meyer v. Sullivan, 958 F.2d 1029 (11th Cir. 1992)
    …kind. Market rates for legal services being what they are, these rates will almost always exceed the EAJA $75 cap. But this fact does not authorize an upward adjustment in hourly rates. Jean v. Nelson, 863 F. 2d 759 (11th Cir.1988) [, cert. granted, 493 U.S. 1055, 110 S.Ct. 862, 107 L.Ed.2d 947, aff'd 496 U.S. 154, 110 S.Ct. 2316, 110 L.Ed.2d 134 (1990) ]. The EAJA’s special factor formula indicates that Congress thought that $75 an hour was quite enough public reimbursement for attorney’s fees, whatever the…
  • English v. Gen. Elec. Co., 496 U.S. 72 (U.S. 1990)
    …urt “correctly identified and applied the relevant federal and state law.” Id., at 23. Because of an apparent conflict with a decision of the First Circuit, see Norris v. Lumbermen’s Mutual Casualty Co., 881 F. 2d 1144 (1989), we granted certiorari. 493 U. S. 1055 (1990). II A The sole question for our resolution is whether the Federal Government has pre-empted petitioner’s state-law tort claim for intentional infliction of emotional distress. Our cases have established that state law is pre-empted under t…

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