Kandel v. US: Argued on 01/12/2026: Appeal No: 24-2193

Case Summary:Gerald K. Kandel and a class of former employees brought a pay‑related class action against the United States in the Court of Federal Claims, ultimately securing two lump‑sum settlements approved by that court in 2020 and 2021 totaling just over $305,000 for the class. After those settlements, the plaintiffs moved under the Equal Access to Justice Act (28 U.S.C. § 2412(b)) to require the United States to pay additional money into the settlement fund to cover attorney fees, of‑counsel fees, and class administration costs, an amount they calculated at about $3.64 million. The Court of Federal Claims denied that motion, relying on the Federal Circuit’s Athey decision to hold that EAJA’s “common fund” doctrine does not make the government additionally liable for such fees and expenses. Kandel then appealed that post‑judgment fee ruling to the U.S. Court of Appeals (No. 2024‑2193), where the case is captioned Kandel v. United States and oral argument has been heard.