Legal Opinion · Dissent
Aronov v. Chertoff
Court of Appeals for the First Circuit
Decided August 1, 2008No. 07-1588Published
1DissentLynch, Chief Judge
With respect, I dissent. Because the award rests on errors of law, I would reverse.
The Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d)(1)(a), must be construed in favor of the United States. Ardestani v. INS, 502 U.S. 129, 137, 112 S.Ct. 515, 116 L.Ed.2d 496 (1991). The Act requires a court to award fees and expenses to a prevailing party in a civil *49action against the United States unless the court finds that the position of the United States was substantially justified, or that special circumstances make an award unjust. 28 U.S.C. § 2412(d)(1)(a). The purpose of the Act was to…
2Cases cited22 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
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