Fakhri v. United States

How courts have described this case

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

• concluding the government’s position was not novel and that this Court and the Court of Appeals twice rejected its position as lacking merit
• “The moral intent, and not the actual injury incurred, is the fundamental inquiry in determining whether a party has unclean hands.”
• “The moral intent, and not the actual injury incurred, is the fundamental inquiry in determining whether a party has unclean hands.”
• award not “unjust” under 28 U.S.C. § 2412 where government relitigated position twice rejected by Federal Circuit
• “That the Government chose to relitigate an issue after [the courts] ruled against its position is not a special circumstance within the meaning of EAJA.”
• “Section 1504 was originally enacted in 1978 to impose a four-year time limit for liquidation, with the motivation being to increase certainty in the customs process for importers ....”

Source: CourtListener parenthetical corpus (CC0).