Taucher, Frank v. Brown-Hruska, Sharon

The Equal Access to Justice Act (“EAJA”) provides that:

*1179a court shall award to a prevailing party ... fees and other expenses ... incurred by that party in any civil action ... brought by or 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) (2000). The Supreme Court’s decision in Pierce v. Underwood, 487 U.S. 552, 108 S.Ct. 2541, 101 L.Ed.2d 490 (1988), clearly and firmly controls the level of involvement by the courts of appeals in the application…