Sharp v. Jacques

How courts have described this case

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

• providing that the real party in interest doctrine applies when ineligible parties or non- parties pay the fees for an eligible party, and “bar[s] fee awards from which only ineligible parties [and non-parties] would benefit”
• calling the view that the plaintiff has the burden of establishing who is the real party in interest “questionable”
• \payment of membership dues does not render a member liable for the costs of a litigation” and \membership dues clearly have not financed this litigation”
• members could be real parties in interest only if liable for fees or if controlled litigation
• government acknowledges cases in which “this and other courts have held that parties may recover EAJA fees to pay such [ie. pro bono] counsel”
• “if an association were no more than a “front” or a “sham” through which ineligible entities pursued litigation and recovered fees, it would be appropriate to pierce the associational veil and look to the real parties in interest”

Source: CourtListener parenthetical corpus (CC0).