| 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' under the Equal-Access-to-Justice-Act when the government's cas… |
| 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 |
Whether the Equal Access to Justice Act requires a federal agency's litigation position to be objectively reasonable based on the actual record eviden… |
| 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 |
Does the Hyde Amendment inquiry into whether 'the position of the United States was vexatious, frivolous, or in bad faith' encompass actions of non-pr… |
| 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 |
Whether a sua sponte stay ordered by the trial court, which directs the Agency to 'repair' the concerns and to 'finish' another review as sought by a … |
| 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 |
Whether the 'substantially justified' standard under the Equal Access to Justice Act should be interpreted liberally in favor of veterans in benefits … |
| 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 |
Does Buckhannon apply in fee determinations under the Equal Access to Justice Act? |
| 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 |
Whether the National Supremacy Clause prohibited the Alabama Supreme Court from holding that petitioners were not entitled to proceed in forma pauperi… |