Hong-Yee Chiu v. The United States

How courts have described this case

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

• holding that fees for fee litigation not awarded to extent that fee applicant does not succeed in fee litigation
• holding that the substantial-justification inquiry applies to “the overall position of the government, both prior to and during litigation”
• ruling that awarding current hourly rates for past work is “barred by the no-interest rule”.
• explaining that “the COLA to the EAJA fee rate is required to be calculated from [the date the statutory rate was fixed] to the date services are performed”
• stating that whether to award fees under EAJA and how much are discretionary
• supervisory employee's unlawful motivation in recommending elimination of plaintiff's government position was deemed agency action where the agency official implementing the reduction-in-force decision acted on supervisor's recommendation

Source: CourtListener parenthetical corpus (CC0).