Term
| WHAT IS THE PURPOSE OF A EAJA |
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Definition
| specific statutes where Congress wants to help motivate lawyers to take cases, there is EAJA, which provides a general cause of action. |
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Term
| WHAT DO YOU GET FOR WINNING UNDER A EAJA |
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Definition
| one can only win fees upon prevailing and the government being unable to establish that its position was substantially justified (i.e., that it was reasonable for them to litigate it |
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Term
| WHAT IS A PREVAILING PARTY? |
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Definition
| --a judgment, a consent decree, or possibly even a settlement in which the court retains jurisdiction all suffice; a plain settlement or a voluntary cessation of the complained-of conduct do not suffice (though Congress recently broadened FOIA’s fee-shifting provision to allow victories in FOIA cases like that). |
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Term
| HOW CAN THE GOVT AVOID PAYNG? |
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Definition
For EAJA -the government will have an easier time avoiding paying fees if it can show that its position was supported by a lower court or by one side of a body of conflicting case law.
This will not necessarily amount to “substantial justification,” but it helps. |
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