Fairholme Funds, Inc. v. United States

Award of Attorney’s Fees; RCFC 37(a)(5)(C); Substantial Justification

OPINION AND ORDER

SWEENEY, Judge

Before the court is the following issue: Whether an award of attorney’s fees pursuant to Rule 37(a)(5)(C) of the Rules of the United States Court of Federal Claims (“RCFC”) is appropriate following the United States Court of Appeals for the Federal Circuit’s (“Federal Circuit”) decision that only eight of the fifty-six documents that this court directed the government to produce to plaintiffs could be withheld by the government as privileged. The court deems oral argument unnecessary and, for…