United States v. Thouvenot, Wade & Moerschen, Inc.

How courts have described this case

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

• noting “a presumption that a government case strong enough to survive both a motion to dismiss and a motion for summary judgment is substantially justified”
• equating \a close case\ with one where the government's position is substantially justified
• “[I]f it is apparent from our opinion that we think the government lacked a substantial justification for its position, though the judge had thought it not only substantially justified but correct, he must bow.”
• “It could be argued . . . the fact that the government was able to persuade a federal judge that it had not only a reasonable case, but a winner, should create an irrebuttable presumption that the government’s position was substantially justified. We disagree.”
• “Courts can suggest but cannot require a change of administrative law judges unless the administrative law judge has demonstrated a degree of bias . . . that would disqualify him as a matter of due process from further participation in the litigation . . . .”
• “Courts can suggest but cannot require a change of administrative law judges unless the administrative law judge has demonstrated a degree of bias . . . that would disqualify him as a matter of due process from further participation in the litigation . . . .”

Source: CourtListener parenthetical corpus (CC0).