Bazalo v. Brown

The appellant has presented a cogent and persuasive basis for this Court to reconsider its unfair and highly restrictive interpretation of the Equal Access to Justice Act (EAJA) and the retroactive revocation of Rule 39(b) of this Court’s Rules of Practice and Procedure upon which this appellant and all others similarly situated were entitled to rely in presenting EAJA applications.

In my view, by stating that the appellant was “entitled” to an award of fees, the application in this case satisfied 28 U.S.C. § 2412(d)(1)(B) with respect to the appellant’s pleading requirement as to his being a…