Legal Opinion
United States v. Gary H. Marolf, in Re Application for Return of Seized Property 1981 Mango Motor Sailboat Named "Asmara,"
Court of Appeals for the Ninth Circuit
Decided January 17, 2002No. 19-35008PublishedCited by 57 opinions
1Opinion of the Court
Opinion by Judge FISHER; Dissent by Judge FERNANDEZ
OPINION
FISHER, Circuit Judge:
The Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1), provides for an award of fees to a prevailing party in a suit against the United States unless the government’s position was substantially justified. We hold that the scope of the underlying action that the court is to review in assessing substantial justification extends only as far as the prevailing party’s challenge itself. Thus, where, as here, the prevailing party challenges only the government’s procedural defects, we determine only whether the…
2Cases cited19 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Commissioner, Immigration & Naturalization Service v. JeanSupreme Court of the United States · 1990
- Rosario Gutierrez v. Jo Anne Barnhart, Commissioner, Social Security AdministrationCourt of Appeals for the Ninth Circuit · 2001
- George L. Barry v. Otis R. BowenCourt of Appeals for the Ninth Circuit · 1987
- United States v. MarolfCourt of Appeals for the Ninth Circuit · 1999
14 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Hackett v. BarnhartCourt of Appeals for the Tenth Circuit · 2007
- Rahinah Ibrahim v. US Dept. of Homeland SecurityCourt of Appeals for the Ninth Circuit · 2019
- United States v. MilnerCourt of Appeals for the Ninth Circuit · 2009
- Maria Medina Tovar v. Laura ZuchowskiCourt of Appeals for the Ninth Circuit · 2022
- United States v. 515 Granby, LLCCourt of Appeals for the Fourth Circuit · 2013
52 more not listed; retrieve them via the Exa API.