Morris Plan Bank v. Smith

How courts have described this case

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

• holding that the Veteran Court’s interpretation of EAJA presents a question of law within our jurisdiction
• holding that substantial justification shall be determined on basis of law in existence at time that government adopted its position
• holding that substantial justification shall be determined on basis of law that was in existence at time Government adopted its position
• holding that substantial justification shall be determined on the basis of the law in existence at the time that the Government adopted its position
• explaining that substantial justification is measured \against the law that was prevailing at the time the government adopted its position\
• noting “substantial justification is measured . . . against the case law that was prevailing at the time the government adopted its position”

Source: CourtListener parenthetical corpus (CC0).