Legal Opinion

United States v. Certain Real Estate Property Located at 4880 S.E. Dixie Highway, Etc.

Court of Appeals for the Eleventh Circuit

Decided March 11, 1988No. 86-5245PublishedCited by 36 opinions

1Opinion of the Court

CLARK, Circuit Judge:

This is an appeal by the United States of an award of attorney’s fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(b), (d). The district court, 628 F.Supp. 1467, found that the United States’ position in the underlying forfeiture action was not “substantially justified” within the meaning of 28 U.S.C. § 2412(d)(1)(A). As an alternative ground for awarding fees, the court relied on 28 U.S.C. § 2412(b). Having concluded that the district court made certain errors in its application of the EAJA, we vacate the district court’s award and remand.

I.…

2Cases cited19 opinions

Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
Calero-Toledo v. Pearson Yacht Leasing Co.Supreme Court of the United States · 1974
United States v. Eight Thousand Eight Hundred & Fifty DollarsSupreme Court of the United States · 1983
United States v. One 1936 Model Ford V-8 De Luxe Coach, Commercial Credit Co.Supreme Court of the United States · 1939

14 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

Marie Lucie Jean v. Alan C. NelsonCourt of Appeals for the Eleventh Circuit · 1988
United States v. Plat 20, Lot 17Court of Appeals for the First Circuit · 1992
United States v. $191,910.00 in U.S. Currency, Bruce R. Morgan, Claimant-AppelleeCourt of Appeals for the Ninth Circuit · 1994
Terry L. Madewell v. Mike Downs, Anthony P. Grootens, and John PrineCourt of Appeals for the Eighth Circuit · 1995
United States v. Four Parcels of Real Property in Greene and Tuscaloosa Counties in the State of AlabamaCourt of Appeals for the Eleventh Circuit · 1991

31 more not listed; retrieve them via the Exa API.