William J. Kerin, Plaintiff-Counter-Defendant-Appellee v. United States Postal Service, Defendant-Counter-Claimant-Appellant

How courts have described this case

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

• “[W]here the decision to initiate or defend a lawsuit was meritless and made for improper purposes, a fee award may be proper.”
• “[T]he government’s position was ‘substantially justified’ if it had ‘a reasonable basis both in law and in fact.’” (quoting Pierce, 487 U.S. at 563)
• “General characterizations of the nature of the losing party’s behavior, unaccompanied by specific references to bad faith conduct, are not enough”
• “The district court therefore has the discretion to award fees for the entire litigation where the claims are inextricably intertwined and involve a common core of facts or are based on related legal theories.” (alteration omitted)
• rate applies to all cases commenced on or after March 29, 1996
• quoting, in turn, 28 U.S.C. § 2412(d)(2)(A)

Source: CourtListener parenthetical corpus (CC0).