Robert Lawrence Co. v. Devonshire Fabrics, Inc.

How courts have described this case

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

• holding that, to demonstrate substantial justification, the “Government must show that it has not ‘persisted in pressing a tenuous factual or legal position, albeit one not wholly without foundation’ ” (internal citation omitted)
• “[I]t is now clear that the position of the United States includes the position taken by the agency at the administrative level.”
• “[T]he EAJA extended the common law and statutory exceptions to make the United States liable for attorney fees to the same extent that private parties would be liable.”
• “We hold that (footnote continued) Court No. 21-00452 Page 7 See Norris, 695 F.3d at 1265–66; DGR Assocs., Inc. v. United States, 690 F.3d 1335, 1342 (Fed. Cir. 2012
• “The Federal Circuit is in a better position than the board to determine the amount of fees and expenses to be awarded in connection with the appeal of this court ....”
• “ ‘[Substantial justification’ requires that the Government show that it was clearly reasonable in asserting its position, including its position at the agency level, in view of the law and facts.”

Source: CourtListener parenthetical corpus (CC0).