Pellicano v. United States

Ninth Circuit Court of Appeals

Argued and Submitted Sept. 15, 1982.

Decided Aug. 4, 1983.

Ninth Circuit Court of Appeals · decided 1983-08-04

2 counsel of record

Applies 5 U.S.C. § 5596

Relies on Thorne v. City of El Segundo · Nibali v. United States · Pellicano v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1983-08-04

How this case has been cited

Cited by 113 later decisions — most recently July 2024 · most notably Kruso v. International Telephone & Telegraph Corp. (1989), Lipsett v. University of Puerto Rico (1988)

49 federal appellate · 10 district · 14 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Richard Keith Corbin, Sacramento, Cal., for plaintiff-appellant.

¶2Perry Anderson, Washington, D.C., for defendant-appellee.

¶3Before BROWNING, DUNIWAY and PREGERSON, Circuit Judges.

¶4PER CURIAM:

¶5We granted a rehearing, 692 F.2d 75, on the question of whether an award to Pellicano of attorneys’ fees can be made. We adopt the reasoning of Nibali v. United States, 634 F.2d 494 (Ct.C1.1980), in which the Court of Claims held that attorney fees may not be awarded in a civilian pay case that was pending in a court when the Civil Service Reform Act became effective. On that basis, the request for attorney fees pursuant to 5 U.S.C. § 5596(b)(1)(A)(ii) cannot be granted.

¶6The case is remanded for further proceedings consistent with our opinion filed on November 8, 1982, and with this opinion.