LU v. U.S.

Nos. 17-55040, 17-55087.

921 F.3d 850 (2019)

Xue LU; Jie Hao, Plaintiffs-Appellees/Cross-Appellants, v. UNITED STATES of America, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 17, 2019.


Attorney(s) appearing for the Case

Karen Schoen (argued) and Charles W. Scarborough , Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Defendant-Appellant/Cross-Appellee.

V. James DeSimone (argued), V. James DeSimone Law, Marina del Ray, California; Douglas Grant Ingraham , Law Offices of Douglas G. Ingraham, Santa Monica, California; Colleen M. Mullen and Michael D. Seplow , Schonbrun Seplow Harris & Hoffman LLP, Los Angeles, California; for Plaintiffs-Appellees/Cross-Appellants.

Before: Sandra S. Ikuta and John B. Owens, Circuit Judges, and Haywood S. Gilliam, Jr., District Judge.


OPINION

The Equal Access to Justice Act, 28 U.S.C. § 2412(b), waives the government's sovereign immunity for the imposition of attorneys' fees "to the same extent that any other party would be liable under the common law." The district court exercised its common law authority to award attorneys' fees to the plaintiffs...

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