· 9/12/1996
United States v. $19,047.00 in United States Currency, Defendant-In-Rem, Parbottie Rodriguez, Claimant-Appellant
Citations
- 95 F.3d 248
- 1996 U.S. App. LEXIS 24039
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that, even after determining that an agency's decision was incorrect, “a district court could still conclude that the Government agency's position was substantially justified by considering the closeness of the [legal] question [and] the particular circumstances of the case”
- stating that, even after determining that an agency’s decision was incorrect, “a district court could still conclude that the Government agency’s position was substantially justified by considering the closeness of the [legal] question [and] the particular circumstances of the case”
- upholding district court’s finding that government action and legal defense of it were substantially justified “[g]iven the closeness of the [issue] determination in this case”
- “[A] court should not perform separate evaluations of the Government’s position at each stage of the proceedings.”
- “The government may lack substantial justification for its position even though it does not insist upon an unreasonable stance through to the resolution of a case.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Feinberg, Cabranes, Parker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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