Monday, June 14, 2010

SCOTUS: Two Decisions of Interest

Today, the Supreme Court issued two opinions in cases that might be of interest to civil procedure and federal courts professors:

Astrue v. Ratliff, No. 08-1322. An attorneys' fee award under the Equal Access to Justice Act, 28 U.S.C. §2412(d), is payable to the prevailing litigant rather than the litigant's attorney. Therefore, a fee award under the act may be used to offset the prevailing litigant's pre-existing debt to the federal government.

Holland v. Florida, No. 09-5327. The one-year limitations period for filing a petition for federal habeas corpus relief, set forth in 28 U.S.C. §2244(d), is subject to equitable tolling; a per se rule that would deny equitable tolling even when a petition was filed late due to the gross negligence of the petitioner's attorney is rejected.

Additional coverage is available at SCOTUSblog.

RJE

http://lawprofessors.typepad.com/civpro/2010/06/scotus-two-decisions-of-interest.html

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