United States v. Marshall Pecore

How courts have described this case

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

• stating that surviving summary judgment is “objective, although not necessarily conclusive, evidence” of a substantially justified position (emphasis added) (citation and footnote omitted)
• discussing “substantially justified” as used in the Equal Access to Justice Act
• “‘[A] government agency’s internal policies and procedures (as opposed to duly enacted regulations),’ however, ‘do not have the force of law.’”
• “ ‘[Tjhere is a [rebuttable] presumption that a government case strong enough to survive both a motion to dismiss and a motion for summary judgment is substantially justified.’” (alteration in original and footnote omitted

Source: CourtListener parenthetical corpus (CC0).