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Full-Text Articles in Law
Making Uncle Sam Pay: A Review Of Equal Access To Justice Act Cases In The Sixth-Circuit, 1983-1987, Martin A. Geer, Paul Reingold
Making Uncle Sam Pay: A Review Of Equal Access To Justice Act Cases In The Sixth-Circuit, 1983-1987, Martin A. Geer, Paul Reingold
Scholarly Works
Traditionally, the “American rule” for the award of attorneys’ fees has provided that parties will bear their own attorney costs absent the exceptional circumstances in which the losing party has acted in bad faith or the litigation has provided a substantial public benefit. For successful parties in litigation against the federal government, the doctrine of sovereign immunity has precluded an award of attorneys’ fees even if the “American rule” exceptions were met. Only the express waiver of immunity will allow a fee award for private parties who prevail against the government in judicial or administrative proceedings. Despite the existence of …
Making Uncle Sam Pay: A Review Of Equal Access To Justice Act Cases In The Sixth Circuit, 1983-1987, Martin Geer, Paul D. Reingold
Making Uncle Sam Pay: A Review Of Equal Access To Justice Act Cases In The Sixth Circuit, 1983-1987, Martin Geer, Paul D. Reingold
Articles
Despite the recent admonition of the Supreme Court that a "request for attorneys' fees should not result in a second major litigation,"12 the courts have been frequently called on to interpret the often ambiguous language of the EAJA. The U.S. Court of Appeals for the Sixth Circuit has not been spared this difficult chore. While the 1985 amendments have clarified some provisions of the Act and affected some major decisions in the Sixth Circuit, the recent changes have also left other previously settled areas in a state of flux. This article will review the Sixth Circuit's EAJA decisions from 1983-1987, …