No. 23-1086

Megan Marie Teter v. United States Trustee

Lower Court: Sixth Circuit
Docketed: 2024-04-05
Status: Denied
Type: Paid
Response Waived
Tags: attorney-fees bankruptcy bankruptcy-law civil-action equal-access-to-justice-act remedial-statute sovereign-immunity statutory-interpretation
Key Terms:
Arbitration Securities
Latest Conference: 2024-05-09
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

QUESTION PRESENTED The Equal Access to Justice Act (“the EAJA”), a remedial statute which abrogates the United States’ sovereign immunity, broadly and unambiguously provides for attorney’s fees to the prevailing party “in any civil action (other than cases sounding in tort)... brought by or against the United States in any court having jurisdiction of that action” when the government’s actions are not substantially justified. 28 U.S.C. § 2412(a)(1), and (d)(1)(A) (emphasis added). The Question Presented Is: 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, given that Congress expressed that term to apply broadly with the use of the modifier “any” when it described civil actions in the Act?

Docket Entries

2024-05-13
Petition DENIED.
2024-04-17
DISTRIBUTED for Conference of 5/9/2024.
2024-04-15
Waiver of right of respondent United States Trustee to respond filed.
2024-04-02
Petition for a writ of certiorari filed. (Response due May 6, 2024)

Attorneys

Megan Marie Teter
Susan Marie GraySusan M. Gray Law Offices Inc., Petitioner
Susan Marie GraySusan M. Gray Law Offices Inc., Petitioner
United States Trustee
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent