May v. Sullivan

In this consolidated appeal, Timothy May and Janet Phillips challenge the amount of their awards of attorneys’ fees under the Equal Access to Justice Act (EAJA). Under the EAJA, a court shall award attorneys’ fees to a prevailing party in certain civil actions against the United States unless it finds that the government’s position was substantially justified or that special circumstances make an award unjust. 28 U.S.C. § 2412(d)(1)(A). The district court determined that both May and Phillips were prevailing parties and that the government’s position was not substantially justified. 729…