No. 23-1286
Bowers + Kubota Consulting, Inc., et al. v. Julie A. Su, Acting Secretary of Labor
Amici (2)
Experienced Counsel
Tags: attorneys-fees circuit-split equal-access-to-justice-act expert-evidence federal-agency judicial-review litigation-standards substantial-justification
Key Terms:
AdministrativeLaw Arbitration ERISA
AdministrativeLaw Arbitration ERISA
Latest Conference:
2024-10-11
Question Presented (from Petition)
Whether the government's decision to take a case to trial is "substantially justified" (28 U.S.C. § 2412) when the government's case relies solely on expert evidence that it knew or should have known was error-ridden and thus unreliable.
Question Presented (AI Summary)
Whether the government's decision to take a case to trial is 'substantially justified' under the Equal-Access-to-Justice-Act when the government's case relies solely on expert evidence that it knew or should have known was error-ridden and thus unreliable
Docket Entries
2024-10-15
Petition DENIED.
2024-09-25
DISTRIBUTED for Conference of 10/11/2024.
2024-09-23
Reply of petitioners Bowers + Kubota Consulting, Inc., et al. filed. (Distributed)
2024-09-09
Brief of respondent Julie A. Su, Acting Secretary of Labor, in opposition filed.
2024-09-09
Brief of respondent Su, Julie A. in opposition filed.
2024-09-09
Brief of Su, Julie A. in opposition submitted.
2024-08-06
Motion to extend the time to file a response is granted and the time is further extended to and including September 9, 2024.
2024-08-05
Motion of Su, Julie A. for an extension of time submitted.
2024-08-05
Motion to extend the time to file a response from August 9, 2024 to September 9, 2024, submitted to The Clerk.
2024-07-10
Brief amicus curiae of The American Society of Appraisers filed.
2024-07-10
Brief amicus curiae of The ESOP Association filed.
2024-07-10
Amicus brief of The American Society of Appraisers submitted.
2024-07-10
Amicus brief of The ESOP Association submitted.
2024-06-14
Motion to extend the time to file a response is granted and the time is extended to and including August 9, 2024.
2024-06-13
Motion to extend the time to file a response from July 10, 2024 to August 9, 2024, submitted to The Clerk.
2024-06-06
Petition for a writ of certiorari filed. (Response due July 10, 2024)
2024-03-28
Application (23A867) granted by Justice Kagan extending the time to file until June 6, 2024.
2024-03-19
Application (23A867) to extend the time to file a petition for a writ of certiorari from April 7, 2024 to June 6, 2024, submitted to Justice Kagan.
Attorneys
Bowers + Kubota Consulting, Inc., et al.
Michael B. Kimberly — McDermott Will & Emery LLP, Petitioner
Su, Julie A.
Elizabeth B. Prelogar — Respondent
The American Society of Appraisers
The ESOP Association