Legal Opinion
Commissioner, Immigration & Naturalization Service v. Jean
Supreme Court of the United States
Decided June 4, 1990No. 89-601PublishedCited by 1,853 opinions
1Opinion of the CourtJustice Stevens
The Equal Access to Justice Act (EAJA) directs a court to award “fees and other expenses” to private parties who prevail in litigation against the United States if, among other conditions, the position of the United States was not “substantially justified.” In many cases parties are able to resolve by stipulation a claim for fees under the EAJA. In some cases, however, a fee application will prompt the Government to litigate aspects of the fee request or require the court to convene a hearing before deciding if an award of fees and expenses is authorized. The question in this case is whether…
2Cases cited29 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Pennsylvania v. Delaware Valley Citizens' Council for Clean AirSupreme Court of the United States · 1986
- Maher v. GagneSupreme Court of the United States · 1980
- Sullivan v. HudsonSupreme Court of the United States · 1989
24 more not listed; retrieve them via the Exa API.
3Cited by1,853 opinions
- Nathaniel Saxton, by and Through His Legal Representatives, Steven and Candace Saxton v. Secretary of the Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1993
- Savin v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2008
- Scarborough v. PrincipiSupreme Court of the United States · 2004
- Ardestani v. Immigration & Naturalization ServiceSupreme Court of the United States · 1991
- Saluja Thangaraja v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
1,848 more not listed; retrieve them via the Exa API.