Legal Opinion
Hanover Potato Products, Inc. v. Shalala
Court of Appeals for the Third Circuit
Decided March 19, 1993No. 92-7229PublishedCited by 29 opinions
1Opinion of the Court
OPINION OF THE COURT
NYGAARD, Circuit Judge.
Hanover Potato Products, Inc., and its co-appellants (collectively “Hanover”), appeal from an order of the district court denying their application for attorney’s fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. The district court held that although Hanover was a qualified prevailing party under the EAJA, the government’s position in defending Hanover’s claim was substantially justified. Because we conclude that the government’s position was not substantially justified, we will reverse and remand for the entry of an appropriate…
2Cases cited24 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Commissioner, Immigration & Naturalization Service v. JeanSupreme Court of the United States · 1990
- Home Box Office, Inc. v. Federal Communications Commission and United States of America, Professional Baseball, IntervenorsCourt of Appeals for the D.C. Circuit · 1977
- Rode v. DellarcipreteCourt of Appeals for the Third Circuit · 1990
- Portland Cement Association v. RuckelshausCourt of Appeals for the D.C. Circuit · 1973
19 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- In Re: Tmi Litigation Lori Dolan Joseph Gaughan Ronald Ward Estate of Pearl Hickernell Kenneth Putt Estate of Ethelda Hilt Paula Obercash Jolene Peterson Estate of Gary Villella Estate of Leo Beam, No. 96-7623 in Re: Tmi Litigation All Except Lori Dolan, Joseph Gaughan, Ronald Ward, Estate of Pearl Hickernell, Kenneth Putt, Estate of Ethelda Hilt, Paula Obercash, Jolene Peterson, Estate of Gary Villella and Estate of Leo Beam, No. 96-7624 in Re: Tmi LitigationCourt of Appeals for the Third Circuit · 1999
- David Oddi v. Ford Motor CompanyCourt of Appeals for the Third Circuit · 2000
- Meyer v. Cuna Mutual Insurance SocietyCourt of Appeals for the Third Circuit · 2011
- United States v. JonesCourt of Appeals for the Eleventh Circuit · 1997
- P.N., an Infant, Individually and by His Parent and Legal Guardian M.W. v. Clementon Board of EducationCourt of Appeals for the Third Circuit · 2006
24 more not listed; retrieve them via the Exa API.