equal-access-to-justice-act

9 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-1286 Bowers + Kubota Consulting, Inc., et al. v. Julie A. Su, Acting Secretary of Labor Ninth Circuit 2024-06-10 Denied Amici (2) attorneys-fees circuit-split equal-access-to-justice-act expert-evidence federal-agency judicial-review litigation-standards substantial-justification 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 …
23-1086 Megan Marie Teter v. United States Trustee Sixth Circuit 2024-04-05 Denied Response Waived attorney-fees bankruptcy bankruptcy-law civil-action equal-access-to-justice-act remedial-statute sovereign-immunity statutory-interpretation Whether a contested matter initiated by the United States in a bankruptcy case is a "civil action" within the ambit of the Equal Access to Justice Act…
23A867 Bowers + Kubota Consulting, Inc., et al. v. Julie A. Su, Acting Secretary of Labor Ninth Circuit 2024-03-28 Presumed Complete attorney-fees eaja equal-access-to-justice-act erisa government-litigation substantial-justification Question not identified.
21-1256 Robert M. Athey, et al. v. United States Federal Circuit 2022-03-16 Denied Amici (1) american-rule attorney-fees common-law costs equal-access-to-justice-act federal-circuit fee-shifting statutory-interpretation Did a panel of the Federal Circuit err by entirely exempting the United States as a matter of law from liability for such fees and costs pursuant to t…
20-718 Mario Nelson Reyes-Romero v. United States Third Circuit 2020-11-24 Denied attorney-fees civil-rights criminal-procedure eaja equal-access-to-justice-act government-misconduct hyde-amendment standing united-states-position The Hyde Amendment authorizes a district court to award attorney's fees and costs to a prevailing criminal defendant "where the court finds that the p…
19-1439 Joey Jurgensen v. Michael R. Pompeo, Secretary of State, et al. Fourth Circuit 2020-07-01 Denied Response Waived agency-review civil-procedure civil-rights due-process equal-access-to-justice-act judicial-imprimatur legal-relationship prevailing-party standing sua-sponte-stay In Buckhannon Bd. and Care Home, Inc. v. W. Va. Dep't of Health, 532 U.S. 598, 605 (2001), this Court established that one may qualify as a "prevailin…
19-819 Alfred Procopio, Jr. v. Robert Wilkie, Secretary of Veterans Affairs Federal Circuit 2019-12-31 Denied administrative-law civil-procedure equal-access-to-justice equal-access-to-justice-act haas-v-peake judicial-review pro-veteran-canon statutory-interpretation substantially-justified veterans-benefits I. Whether This Court Should Grant Certiorari to Resolve an Important Point of Law Concerning the Applicability of the "Substantially Justified" Stand…
19-6900 Aldon Smith v. Robert Wilkie, Secretary of Veterans Affairs Federal Circuit 2019-12-10 Denied Response WaivedRelisted (2)IFP attorney-fees attorneys-fees buckhannon civil-procedure civil-rights due-process equal-access-to-justice-act government-litigation judicial-determination mootness prevailing-party standing voluntary-change This Court in Buckhannon addressed an award of prevailing party attorneys' fees pursuant to Fair Housing Amendments Act of 1988 and Americans with Dis…
18-8180 William N. Lucy, Personal Representative of Annie D. Fox, Deceased v. Dialysis Associates, et al. Alabama 2019-02-28 Denied Response WaivedIFP alabama-supreme-court civil-procedure civil-rights double-county-circuit-court due-process equal-access-to-justice-act filing-fees in-forma-pauperis standing 1) THE ISSUE IS WHETHER THE ALABAMA SUPREME COURT ERRED IN HOLDING THAT PETITIONER WERE NOT ALLOWED TO PROCEED ON APPEAL FROM THE MOBILE COUNTY CIRCUI…