Brian Swanson v. Ashley Colegrove

How courts have described this case

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

• deciding that the abuse of discretion standard of review should be applied to the district court’s determination of substantially justified under EAJA
• holding that the \substantially justified\ test is equivalent to the \reasonable basis both in law and fact\ formulation previously utilized in the Ninth Circuit
• holding that the “substantially justified” test is equivalent to the “reasonable basis both in law and fact” formulation previously utilized in the Ninth Circuit
• holding that a district court’s legal conclusion that the Government’s position was not “substantially justified” under the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A), is reviewed for abuse of discretion
• holding that abuse-of-discretion standard governs appellate review of the trial court's attorney fee determination
• holding that, under Equal Access to Justice Act which contains the same fee award language as § 7430, novelty and complexity irrelevant

Source: CourtListener parenthetical corpus (CC0).