· 12/20/2001
Rosario Gutierrez v. Jo Anne Barnhart, Commissioner, Social Security Administration
Citations
- 274 F.3d 1255
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that subsequent repeal of regulation did not make government's failure to comply with regulation reasonable
- holding that subsequent repeal of regulation did not make government’s failure to comply with regulation reasonable
- \The district court erred in not addressing the reasonableness of the underlying conduct and basing its denial of fees solely on the government's litigation position.\
- \[T]here is no per se rule that EAJA fees cannot be awarded where the government's litigation position contains an issue of first impression.\
- “The district court erred in not addressing the reasonableness of the underlying conduct and basing its denial of fees solely on the government’s litigation position.”
- \[T]here is no per se rule that EAJA fees cannot be awarded where the government's position contains an issue of first impression.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Politz, Fletcher, Fisher
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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