Supreme Court of the United States

Kathleen Sebelius v. Melissa Cloer.

May 20, 2013133 S. Ct. 1886

Summary

The Court held that an NCVIA petition dismissed as untimely may still qualify for an award of attorney’s fees if the petition was filed in good faith and had a reasonable basis. The decision rests on a plain‑meaning reading of the fee provision, which ties eligibility to any petition "filed" under §300aa‑11, regardless of later timeliness findings. The judgment of the Federal Circuit was affirmed.