Pierce v. Underwood
- Decided
- June 27, 1988
- Docket
- 86-1512
- Status
- Published
- Jurisdiction
- Federal
Cited 6,197 timesNo negative treatment found in this library
What later courts said
- deciding that the abuse of discretion standard of review should be applied to the district court’s determination of substantially justified under EAJA — Frank E. & Mildred E. Rickel v. Commissioner of Internal Revenue (1990)
- holding that the "substantially justified" test is equivalent to the "reasonable basis both in law and fact" formulation previously utilized in the Ninth Circuit — (untitled) (1998)
- holding that the “substantially justified” test is equivalent to the “reasonable basis both in law and fact” formulation previously utilized in the Ninth Circuit — Corbin v. Apfel (1998)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
Justice Scalia delivered the opinion of the Court.
Respondents settled their lawsuit against one of petitioner’s predecessors as Secretary of Housing and Urban Devel [*555] opment, and were awarded attorney’s fees after the court found that the position taken by the Secretary was not “substantially justified” within the meaning of the Equal Access to Justice Act (EAJA), 28 U. S. C. § 2412(d). The court also determined that “special factors” justified calculating the attorney’s fees at a rate in excess of the $75-per-hour cap imposed by the statute. We granted certiorari, 481 U. S. 1047 (1987), to resolve a conflict in the Courts of Appeals over important questions concerning the interpretation of the EAJA. Compare Dubose v. Pierce, 761 F. 2d 913 (CA2 1985), cert. pending, No. 85-516, with 761 F. 2d 1342 (CA9 1985) (per curiam), as amended, 802 F. 2d 1107 (1986) (case below).
I
Statutes cited
- 28 U.S.C. § 2412
- 12 U.S.C. § 1715z
- 42 U.S.C. § 1988
- 5 U.S.C. § 504
- 5 U.S.C. § 706
- 42 U.S.C. § 7604
Cite this
Pierce v. Underwood, 487 U.S. 552 (1988)Read the full opinion
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