North Carolina Lawyers Weekly
Bruno
An Irish national, who was a midshipman at the U.S. Naval Academy, won his district court case seeking U.S. citizenship based on his “active duty” status at the academy. However, the 4th Circuit agreed that he was not entitled to attorney’s fees under the Equal Access to justice Act because the government’s defense — that petitioner was never inducted into the Navy because he took the Oath of Compliance (administered to foreign nationals) rather than the Oath of Office — was reasonable. Cody v. Caterisano.
A trial court can take judicial notice of the customary rate of local attorneys’ fees in connection with motions for attorneys’ fees under G.S. § 50-13.6, according to the N.C. Court of Appeals in Simpson v. Simpson.
– By TERESA BRUNO, Opinions Editor
