Jazz Photo Corp. v. United States

PUBLIC *

OPINION AND ORDER

STANCE U, Judge.

Before the court is the revised application of Jazz Photo Corporation (“Jazz” or “plaintiff’) for attorneys’ fees and other expenses under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d) (2000). In Jazz Photo Corp. v. United States, 31 CIT -, 502 F.Supp.2d 1277 (2007) (“Jazz IV”), the court held that some of the government’s positions in litigation before the United States Court of Appeals for the Federal Circuit (“Court of Appeals”) in 2005 and 2006 were not substantially justified. The court allowed plaintiff to submit a revised EAJA…