Legal Opinion

Traveler Trading Co. v. United States

United States Court of International Trade

Decided May 8, 1989No. Court 85-09-01159PublishedCited by 22 opinions

1Opinion of the Court

MEMORANDUM DECISION AND ORDER

DiCARLO, Judge:

Pursuant to Rule 68 of the Rules of this Court, Traveler Trading Co. (applicant) has filed for attorneys’ fees and other expenses under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) (Supp. V 1987). The Court grants the application because the defendant has failed to show that the government’s position was “substantially justified” or that special circumstances exist which would make an award of fees and expenses unjust. The Court excludes from the applicant’s EAJA award any fees and expenses incurred prior to preparation and filing of…

2Cases cited16 opinions

  1. Pierce v. UnderwoodSupreme Court of the United States · 1988
  2. Laurence G. Russell, William L. Hanna, and Eddie D. Langwell v. National Mediation BoardCourt of Appeals for the Fifth Circuit · 1985
  3. Ferdinand Oliveira v. The United StatesCourt of Appeals for the Federal Circuit · 1987
  4. Naporano Iron and Metal Company, Andrew J. Naporano and Beatrice Naporano, Andrew J. Naporano and Sharon Naporano v. The United StatesCourt of Appeals for the Federal Circuit · 1987
  5. Andrew v. BowenCourt of Appeals for the Ninth Circuit · 1988

11 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Rubie's Costume Company v. United StatesCourt of Appeals for the Federal Circuit · 2003
  2. D & M Watch Corp. v. United StatesUnited States Court of International Trade · 1992
  3. Ero Industries, Inc. v. United StatesUnited States Court of International Trade · 2000
  4. Former Employees of Tyco Electronics, Fiber Optics Div. v. US Dept. of LaborUnited States Court of International Trade · 2004
  5. Urbano v. United StatesUnited States Court of International Trade · 1991

17 more not listed; retrieve them via the Exa API.

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