Legal Opinion
Federal Trade Commission v. Freecom Communications, Inc.
Court of Appeals for the Tenth Circuit
Decided March 21, 2005No. 03-4063PublishedCited by 88 opinions
1Opinion of the Court
BALDOCK, Circuit Judge.
The Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(b), authorizes a district court to award attorney fees against the Government under the bad faith exception to the common law’s “American Rule” that each party bear the financial burden of civil litigation regardless of its outcome. The Government acts in bad faith when its claim (1) is entirely without color and (2) has been asserted wantonly, for purposes of harassment or delay, or other improper reason. Federal Deposit Ins. Corp. v. Schuchmann, 319 F.3d 1247, 1250 (10th Cir.2003). In this case, we must decide…
2Cases cited35 opinions
- United States v. W. T. Grant Co.Supreme Court of the United States · 1953
- Allee v. MedranoSupreme Court of the United States · 1974
- Fed. Sec. L. Rep. P 98,755, Fed. Sec. L. Rep. P 99,074 William B. Weinberger v. James C. Kendrick, Charles M. CoyneCourt of Appeals for the Second Circuit · 1983
- Browning Debenture Holders' Committee v. Dasa Corp.Court of Appeals for the Second Circuit · 1977
- Wells v. BowenCourt of Appeals for the Second Circuit · 1988
30 more not listed; retrieve them via the Exa API.
3Cited by88 opinions
- Federal Trade Commission v. E.M.A. Nationwide, Inc.Court of Appeals for the Sixth Circuit · 2014
- Morrison v. YTB International, Inc.Court of Appeals for the Seventh Circuit · 2011
- Fed. Trade Comm'n v. MosesCourt of Appeals for the Second Circuit · 2019
- Fayne v. VincentTennessee Supreme Court · 2009
- Federal Trade Commission v. Accusearch Inc.Court of Appeals for the Tenth Circuit · 2009
83 more not listed; retrieve them via the Exa API.