United States v. Louis Manzo

How courts have described this case

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

• explaining that the party seeking fees under a federal fee shifting statute bears the burden of proving that the opposing party’s position was frivolous
• adopting the abuse-of-discretion standard for the Third Circuit and citing Fourth, Fifth, Sixth, Eighth, Ninth, Tenth, Eleventh, and D.C. Circuit authorities
• “[a] frivolous position is one lacking a reasonable legal basis or where the government lacks a reasonable expectation of attaining sufficient material evidence by the time of trial”
• “[a] frivo‐ lous position is one lacking a reasonable legal basis or where the government lacks a reasonable expectation of attaining sufficient material evidence by the time of trial”
• “The government should be allowed to base a prosecution on a novel argument, so long as it is a reasonable one, without fear that it might be setting itself up for liability under the Hyde Amend- ment.” (citation omitted)
• courts analyzing Hyde Amendment claims assess “the government’s litigation position”

Source: CourtListener parenthetical corpus (CC0).