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SEBELIUS v. CLOER

No. 12-236.

133 S.Ct. 1886 (2013)

185 L.Ed.2d 1003

Kathleen SEBELIUS, Secretary of Health and Human Services, Petitioner v. Melissa CLOER.

Supreme Court of United States.

Decided May 20, 2013.

Attorney(s) appearing for the Case

Benjamin J. Horwich, Washington, DC, for Petitioner.

Robert T. Fishman, Denver, CO, for Respondent.

William B. Schultz, Acting General Counsel, David Benor, Associate General Counsel for Public Health, Anna Loraine Jacobs, Attorney, Department of Health and Human Services, Washington, DC, Donald B. Verrilli, Jr., Solicitor General, Stuart F. Delery, Principal Deputy, Assistant Attorney General, Malcolm L. Stewart, Deputy Solicitor General, Benjamin J. Horwich, Assistant to the Solicitor General, Counsel of Record, Michael S. Raab, Anisha S. Dasgupta, Vincent J. Matanoski, Lynn E. Ricciardella, Attorneys, Department of Justice, Washington, DC, for Petitioner.

Mari C. Bush, Kaye and Bush, LLC, Denver, CO, Robert T. Moxley, Robert T. Moxley, PC, Cheyenne, WY, Robert T. Fishman, Counsel of Record, Ridley, McGreevy & Winocur, PC, Denver, CO, for Respondent.

Justice SOTOMAYOR delivered the opinion of the Court.*

The National Childhood Vaccine Injury Act of 1986 (NCVIA or Act), 100 Stat. 3756, 42 U.S.C. § 300aa-1 et seq., provides that a court may award attorney's fees and costs "incurred [by a claimant] in any proceeding on" an unsuccessful vaccine-injury "petition filed under section 300aa-11," if that petition "was brought in good faith and there was a reasonable basis for the...

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