Samuel Riddle v. Secretary of Health and Human Services

Because I believe that this court’s decision in Trident Marine Construction, Inc. v. District Engineer, United States Army Corps of Engineers, 766 F.2d 974 (6th Cir.1985), is binding precedent for the definition of the term “substantially justified,” and that the majority’s treatment of the legislative history of the 1985 amendments to the Equal Access to Justice Act, 28 U.S.C. § 2412, conflicts with a number of Supreme Court decisions, I respectfully dissent.

I respectfully suggest that if the majority concluded that Trident Marine should no longer be followed in this circuit, it was under a…