Legal Opinion

Shinyei Corp. of America v. United States

United States Court of International Trade

Decided December 2, 2009No. Consol. Court 00-00130Published

1Opinion of the Court

OPINION

RESTANI, Chief Judge:

This matter is before the court on the application of plaintiff Shinyei Corporation of America (“Shinyei”) for an award of attorney’s fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. Shinyei, an importer of ball bearings from Japan, applies for the legal fees and expenses incurred during the course of its lawsuit against the United States. The United States contests this application, arguing that its administrative actions and litigation arguments were reasonable, and, therefore, its position was substantially justified. For the reasons…

2Cases cited17 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Pierce v. UnderwoodSupreme Court of the United States · 1988
  3. Commissioner, Immigration & Naturalization Service v. JeanSupreme Court of the United States · 1990
  4. Zenith Radio Corporation v. The United StatesCourt of Appeals for the Federal Circuit · 1983
  5. Hong-Yee Chiu v. The United StatesCourt of Appeals for the Federal Circuit · 1991

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