Balchen v. The Eli Whitney

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that Secretary’s position at administrative level was not substantially justified where Secretary conceded, during litigation phase, that error had occurred at administrative level
• holding that Secretary's position at administrative level was not substantially justified where Secretary conceded, during litigation phase, that error had occurred at administrative level
• holding that Secretary’s position not substantially justified at administrative stage where Secretary had conceded at merits stage that Board failed to follow established law, even though Court had not so found at merits stage
• holding that Secretary's position not substantially justified at administrative stage where Secretary had conceded at merits stage that Board failed to follow established law, even though Court had not so found at merits stage
• using discretion to award 80 percent of fees where the applicant would have prevailed on two of four claims appealed
• using discretion to award 80 percent of fees where the applicant would have prevailed on two of four claims appealed

Source: CourtListener parenthetical corpus (CC0).