green
Positive treatment
Quoted verbatim 1×
11.7 score
“n the large majority of contexts, it makes no functional difference how one conceives of the government's 'position.”
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984
2005
2026
Top citers, strongest first. 50 distinct citers.
How cited ↗
discussed
Cited "but see"
Laurence G. Russell, William L. Hanna, and Eddie D. Langwell v. National Mediation Board
But cf. Spencer v. National Labor Relations Board, 712 F.2d 539, 558 (D.C.Cir.1983) (test should be “slightly more stringent” than reasonableness), cert. denied, — U.S. -, 104 S.Ct. 1908 , 80 L.Ed.2d 457 (1984).
discussed
Cited as authority (quoted)
United States of America v. Kemper Money Market Fund, Inc., and Robert L. Wenz & Merrick Consultants, Ltd., Intervening
n the large majority of contexts, it makes no functional difference how one conceives of the government's 'position.
examined
Cited as authority (rule)
Greenbriar Hills Country Club v. Director of Revenue
(3×)
also: Cited "see, e.g."
Id. at 560-61. .
discussed
Cited as authority (rule)
Battles Farm Company v. Samuel R. Pierce, Jr., Secretary of Housing and Urban Development, (Two Cases). Battles Farm Company v. Samuel R. Pierce, Jr., Secretary of Housing and Urban Development
Id. at 559. 8 The government contends that its litigating position on the rental reserve fund issue was substantially justified because the governing law was unsettled at the time the original lawsuit was filed and remained so throughout the litigation.
discussed
Cited as authority (rule)
Federal Election Commission v. Congressman Charles G. Rose
In that decision, this court construed the EAJA as it existed prior to its extension and amendment in 1985 — specifically, the provision that precludes recovery of costs and fees by a private party if the “position of the United States” is “substantially justified.” Id. at 541.
cited
Cited as authority (rule)
Noel A. Brinker v. Lewis O. Guiffrida, Director of the Federal Emergency Management Agency United States of America
Id. at 565.
discussed
Cited as authority (rule)
Massachusetts Fair Share v. Law Enforcement Assistance Administration
We noted in Spencer that “once the private party has shown that he ‘prevailed’ in the litigation, the government bears the burden of demonstrating that its position was ‘substantially justified.’ ” Id. at 557 (footnotes omitted). 16 .
discussed
Cited as authority (rule)
Sigmon Fuel Company v. Tennessee Valley Authority
(2×)
Id. at 564-65.
discussed
Cited as authority (rule)
Emily C. Martin v. Charles A. Lauer, Acting Administrator, Office of Juvenile Justice and Delinquency Prevention
(2×)
Id. 10 In determining whether the government's position was substantially justified, courts should employ a test that is "slightly more stringent than 'one of reasonableness.' " Id. at 558 (footnote omitted). 11 34 The defendants would have us quickly dispose of the fee award in this case by holding that the substantial justification for their position is conclusively evidenced by the fact that they prevailed before the District Court in Martin I.
discussed
Cited "see"
American Financial Services Assn. v. Burke
See United States v. New York, 708 F.2d 92, 93 (2d Cir.1983) (per curiam), cert. denied, 466 U.S. 936 , 104 S.Ct. 1907 , 80 L.Ed.2d 456 (1984); Blum v. Schlegel, 830 F.Supp. 712, 725 (W.D.N.Y.1993) (“[T]he Second Circuit has determined that in cases where the defendant is protected by the Eleventh Amendment which thus renders the plaintiff unable to recover monetary damages, the injury will be irreparable.”), aff'd, 18 F.3d 1005 (2d Cir.1994).
discussed
Cited "see"
In Re St. Johns Home Health Agency, Inc.
See V.N.A of Greater Tift County v. Heckler, 711 F.2d 1020, 1034 (11th Cir.1983), cert. denied 466 U.S. 936 , 104 S.Ct. 1908 , 80 L.Ed.2d 457 (1984) (providers which choose to operate within the Medicare system on a cash-poor basis take a knowing risk that an intermediary's determination might delay payment, and their risk of being forced out of business alone does not justify a fundamental deviation from the statutory scheme).
discussed
Cited "see"
United States v. Lopez
See United States v. Poe, 713 F.2d 579 (10th Cir.1983) cert. den. 466 U.S. 936 , 104 S.Ct. 1907 , 80 L.Ed.2d. 456 (1984) (Government witnesses’ alleged violation of trial court’s sequestration order did not bar retrial).
discussed
Cited "see"
Arthur v. Manch
See Arthur v. Nyquist, 547 F.Supp. 468, 478 (W.D.N.Y.1982) (granting Board's application for more funds), aff'd, 712 F.2d 809 (2d Cir.1983), cert. denied, 466 U.S. 936 , 104 S.Ct. 1907 , 80 L.Ed.2d 456 (1984); Arthur v. Nyquist, 716 F.Supp. 1484, 1489 (W.D.N.Y.1989) (denying Board's application for additional funding). 5 After receiving its educational funding allocation for the 1992-93 school year, the Board reassigned teacher aides from the ECCs to neighborhood schools.
discussed
Cited "see"
Arthur v. Manch
See Arthur v. Nyquist, 547 F.Supp. 468, 478 (W.D.N.Y.1982) (granting Board’s application for more funds), aff'd, 712 F.2d 809 (2d Cir.1983), ce rt. denied, 466 U.S. 936 , 104 S.Ct. 1907 , 80 L.Ed.2d 456 (1984); Arthur v. Nyquist, 716 F.Supp. 1484, 1489 (W.D.N.Y.1989) (denying Board’s application for additional funding).
discussed
Cited "see"
United States v. City of Yonkers
See Jenkins v. State of Missouri, 855 F.2d 1295, 1303 (8th Cir.1988), cert. denied on relevant question, 490 U.S. 1034 , 109 S.Ct. 1930 , 104 L.Ed.2d 402 (1989); accord Arthur v. Nyquist, 712 F.2d 809, 813 (2d Cir.1983), cert. denied, 466 U.S. 936 , 104 S.Ct. 1907 , 80 L.Ed.2d 456 (1984).
discussed
Cited "see"
United States v. City of Yonkers
See Jenkins v. State of Missouri, 855 F.2d 1295, 1303 (8th Cir.1988), cert. denied on relevant question, 490 U.S. 1034 , 109 S.Ct. 1930 , 104 L.Ed.2d 402 (1989); accord Arthur v. Nyquist, 712 F.2d 809, 813 (2d Cir.1983), cert. denied, 466 U.S. 936 , 104 S.Ct. 1907 , 80 L.Ed.2d 456 (1984).
cited
Cited "see"
Travelers Insurance v. Cuomo
See United States v. New York, 708 F.2d 92, 93-94 (2d Cir.1983), cert. denied, 466 U.S. 936 , 104 S.Ct. 1907 , 80 L.Ed.2d 456 (1984).
cited
Cited "see"
Enrique Caciedo Escobar v. U.S. Immigration and Naturalization Service
See Spencer v. NLRB, 712 F.2d 539, 544 (D.C.Cir.1983), cert. denied, 466 U.S. 936 , 104 S.Ct. 1908 , 80 L.Ed.2d 457 (1984).
cited
Cited "see"
United States v. Boeing Co., Inc.
See Spencer v. NLRB, 712 F.2d 539, 559 (D.C.Cir.1983), cert. denied, 466 U.S. 936 , 104 S.Ct. 1908 , 80 L.Ed.2d 457 (1984).
discussed
Cited "see"
Phillips v. Sullivan
See Spencer v. N.L.R.B., 712 F.2d 539 (D.C.Cir.1983), ce rt. denied, 466 U.S. 936 , 104 S.Ct. 1908 , 80 L.Ed.2d 457 (1984) (court held that the clarity of the governing law is appropriately considered by the court in determining whether government's position was "substantially justified”). 2 .
discussed
Cited "see"
Roy v. Bowen
(2×)
See Foley Construction Co. v. United States Army Corps of Engineers, 716 F.2d 1202, 1204 (8th Cir.1983), cert. denied, 466 U.S. 936 , 104 S.Ct. 1908 , 80 L.Ed.2d 457 (1984). " 'For purposes of the EAJA, the more clearly established are the governing norms, and the more clearly they dictate a result in favor of the private litigant, the less "justified" it is for the government to pursue or persist in litigation.' Conversely, if the governing law is unclear or in flux, it is more likely that the government's position will be substantially justified." Martinez v. Secretary of Health and Human Se…
discussed
Cited "see"
Mattson v. Bowen
(2×)
See Foley Construction Co. v. United States Army Corps of Engineers, 716 F.2d 1202, 1204 (8th Cir.1983), cert. denied, 466 U.S. 936 , 104 S.Ct. 1908 , 80 L.Ed.2d 457 (1984). “ ‘For purposes of the EAJA, the more clearly established are the governing norms, and the more clearly they dictate a result in favor of the private litigant, the less “justified” it is for the government to pursue or persist in litigation.’ Conversely, if the governing law is unclear or in flux, it is more likely that the government’s position will be substantially justified.” Martinez v. Secretary of Healt…
cited
Cited "see"
Bergman v. United States
See Spencer v. National Labor Relations Board, 712 F.2d 539 , 545 n. 18 (D.C.Cir.1983) (dicta), cert. denied, 466 U.S. 936 , 104 S.Ct. 1908 , 80 L.Ed.2d 457 (1984).
cited
Cited "see"
40 Fair empl.prac.cas. 1597, 41 Empl. Prac. Dec. P 36,451 Irving P. Gray v. New England Telephone and Telegraph Company, Irving P. Gray v. New England Telephone and Telegraph Company
See Spencer v. N.L.R.B., 712 F.2d 539, 557-58 (D.C.Cir.1983), cert. denied, 466 U.S. 936 , 104 S.Ct. 1908 , 80 L.Ed.2d 457 (1984).
cited
Cited "see"
Gray v. New England Telephone & Telegraph Co.
See Spencer v. N.L.R.B., 712 F.2d 539, 557-58 (D.C.Cir.1983), cert. denied, 466 U.S. 936 , 104 S.Ct. 1908 , 80 L.Ed.2d 457 (1984).
discussed
Cited "see"
United States v. Yonkers Board of Education
See Arthur v. Nyquist, 712 F.2d 809 (2d Cir.1983) (ordering city to appropriate additional funds to school board to enable board to implement school desegregation plan), cert. denied, Griffin v. Board of Education of City of Buffalo, New York, 466 U.S. 936 , 104 S. Ct. 1907 , 80 L.Ed.2d 456 (1984); see also United States v. Board of School Commissioners of Indianapolis, supra (restraining city housing authority from developing public housing projects in city as part of interdistrict school desegregation remedy).
cited
Cited "see"
Lloyd Noland Hospital & Clinic v. Heckler
See V.N.A. of Greater Tift County, Inc. v. Heckler, 711 F.2d 1020 , 1024 & n. 6 (11th Cir.1983), cert. denied, — U.S. -, 104 S.Ct. 1908 , 80 L.Ed.2d 457 (1984).
cited
Cited "see"
10 soc.sec.rep.ser. 25, Medicare&medicaid Gu 34,657 Lloyd Noland Hospital and Clinic v. Margaret M. Heckler, Secretary of Health and Human Services, Defendant- Metropolitan Hospital, Inc., a Georgia Corporation v. Margaret M. Heckler, Secretary of Health & Human Services
See V.N.A. of Greater Tift County, Inc. v. Heckler, 711 F.2d 1020 , 1024 & n. 6 (11th Cir.1983), cert. denied, --- U.S. ----, 104 S.Ct. 1908 , 80 L.Ed.2d 457 (1984).
cited
Cited "see"
Essex Electro Engineers, Inc. v. The United States
See Spencer v. NLRB, 712 F.2d 539, 560-61 (D.C.Cir.1983), ce rt. denied, — U.S.-, 104 S.Ct. 1908 , 80 L.Ed.2d 457 (1984).
cited
Cited "see"
Boudin v. Thomas
See Spencer v. NLRB, 712 F.2d 539 , 546 & nn. 27-28 (D.C.Cir.1983), cert. denied, — U.S. —, 104 S.Ct. 1908 , 80 L.Ed.2d 457 (1984).
cited
Cited "see"
Boudin v. Thomas
See Spencer v. NLRB, 712 F.2d 539 , 546 & nn. 27-28 (D.C.Cir.1983), cert. denied, --- U.S. ---, 104 S.Ct. 1908 , 80 L.Ed.2d 457 (1984).
cited
Cited "see"
Lloyd Noland Hospital & Clinic v. Heckler
See V.N.A. of Greater Tift County, Inc. v. Heckler, 711 F.2d 1020, 1024 (11th Cir.), cert. denied, — U.S. —, 104 S.Ct. 1908 , 80 L.Ed.2d 457 (1984).
discussed
Cited "see, e.g."
TRIAD AT JEFFERSONVILLE I, LLC v. Leavitt
See also V.N.A. of Greater Tift County, Inc. v. Heckler, 711 F.2d 1020, 1034 (11th Cir.1983) (holding that an injunction under the All Writs Act is available where there is a virtual certainty of irreparable injury, a similar certainty of success on the merits, a minimal harm to the agency, and a public interest clearly favoring the assumption of jurisdiction), cert. denied, 466 U.S. 936 , 104 S.Ct. 1908 , 80 L.Ed.2d 457 (1984).
discussed
Cited "see, e.g."
Scott v. State Pilotage Commission
See, e.g., V.N.A. of Greater Tift County, Inc. v. Heckler, 711 F.2d 1020, 1024-26 (11th Cir.1983), cert. denied, 466 U.S. 936 , 104 S.Ct. 1908 , 80 L.Ed.2d 457 (1984); Kiser v. Johnson, 404 F.Supp. 879 (M.D.Pa.1975).
discussed
Cited "see, e.g."
ABC Home Health Services, Inc. v. Aetna Life Insurance
Accordingly, ABC must exhaust administrative remedies before the Court can exercise jurisdiction over the reaudit issue. 42 U.S.C. §§ 405 (g) & 405(h); see, e.g., V.N.A. of Greater Tift County, Inc. v. Heckler, 711 F.2d 1020, 1032 (11th Cir.1983), cert. denied, 466 U.S. 936 , 104 S.Ct. 1908 , 80 L.Ed.2d 457 (1984) (noting that Medicare Act “removes jurisdiction from the courts to review a reimbursement decision before a PRRB decision has been rendered”); Farkas v. Blue Cross & Blue Shield of Michigan, 24 F.3d 853, 861 (6th Cir.1994) (judicial review appropriate only after § 405(g) requi…
discussed
Cited "see, e.g."
Securities & Exchange Commission v. Comserv Corp.
See also Spencer v. NLRB, 712 F.2d 539, 549-50 (D.C.Cir.1983), cert. denied, 466 U.S. 936 , 104 S.Ct. 1908 , 80 L.Ed.2d 457 (1984) (footnotes omitted): The central objective of the EAJA, and of section 2412(d)(1)(A) in particular, was to encourage relatively impecunious private parties to challenge unreasonable or oppressive governmental behavior by relieving such parties of the fear of incurring large litigation expenses.
discussed
Cited "see, e.g."
Jose Ramon-Sepulveda v. Immigration and Naturalization Service
See International Woodworkers of America, AFL-CIO v. Donovan, 792 F.2d 762, 765 (9th Cir.1986) (government’s position not substantially justified when the government urged one interpretation of a regulation in one case and a contrary interpretation in another); see also Spencer v. NLRB, 712 F.2d 539, 561 (D.C.Cir.1983) (“[Wjhen the government acts inconsistently, and subsequently loses a civil suit challenging its behavior, it should be obliged to make an especially strong showing that its legal arguments were substantially justified in order to avoid liability for fees under the EAJA.”)…
discussed
Cited "see, e.g."
United States v. Gavilan Joint Community College District
See, e.g., Spencer v. NLRB, 712 F.2d 539, 556 (D.C.Cir.1983), cert. denied, 466 U.S. 936 , 104 S.Ct. 1908 , 80 L.Ed.2d 457 (1984); Electronic Modules Corp. v. United States, 702 F.2d 218, 219 (Fed.Cir.1983).
discussed
Cited "see, e.g."
Colonial Penn Group, Inc., and Bay Loan and Investment Bank v. Colonial Deposit Company
See also Southern Pacific Transportation Co. v. Public Utilities Comm’n of the State of California, 716 F.2d 1285, 1288 (9th Cir. 1983) (applying Shaw footnote 14 and Franchise Tax Board footnote 20), cert. denied, 466 U.S. 936 , 104 S.Ct. 1908 , 80 L.Ed.2d 457 (1984).
discussed
Cited "see, e.g."
Oregon Environmental Council v. Leonard Kunzman
News 132, 138 (footnote omitted); see also Spencer v. NLRB, 712 F.2d 539, 558 (D.C.Cir.1983) (stating that this rejection suggests a "slightly more stringent" standard than one of reasonableness), cert. denied, 466 U.S. 936 , 104 S.Ct. 1908 , 80 L.Ed.2d 457 (1984).
discussed
Cited "see, e.g."
Oregon Environmental Council v. Kunzman
News 132, 138 (footnote omitted); see also Spencer v. NLRB, 712 F.2d 539, 558 (D.C.Cir.1983) (stating that this rejection suggests a “slightly more stringent” standard than one of reasonableness), cert. denied, 466 U.S. 936 , 104 S.Ct. 1908 , 80 L.Ed.2d 457 (1984).
discussed
Cited "see, e.g."
Lee v. Johnson
No. 120, supra at 9 n. 15, reprinted in 1985 U.S. Code Cong. & Ad.News at 138 n. 15; see, e.g., Spencer v. NLRB, 712 F.2d 539 , 558 & n. 67 (D.C.Cir.1983) (citing other cases), cert. denied, 466 U.S. 936 , 104 S.Ct. 1908 , 80 L.Ed.2d 457 (1984).
discussed
Cited "see, e.g."
Lee v. Johnson
No. 120, supra at 9 n. 15, reprinted in 1985 U.S. Code Cong. & Ad.News at 138 n. 15; see, e.g., Spencer v. NLRB, 712 F.2d 539 , 558 & n. 67 (D.C.Cir.1983) (citing other cases), cert. denied, 466 U.S. 936 , 104 S.Ct. 1908 , 80 L.Ed.2d 457 (1984).
cited
Cited "see, e.g."
Moody v. United States
Alger v. United States, 741 F.2d 391 (Fed.Cir.1984); see also Spencer v. NLRB, 712 F.2d 539, 564 (D.C.Cir.1983), cert. denied, 466 U.S. 936 , 104 S.Ct. 1908 , 80 L.Ed.2d 457 (1984) (dictum ).
cited
Cited "see, e.g."
Callejo v. Heckler
See Boudin, supra, 732 F.2d at 1115-16 ; see also Spencer v. NLRB, 712 F.2d 539, 557 (D.C.Cir.1983), cer t. denied, — U.S. ---, 104 S.Ct. 1908 , 80 L.Ed.2d 457 (1984).
discussed
Cited "see, e.g."
Herbert W. Timms, Dba Petrol Express Petrol Express Cooperative and Petrol Stops Northwest v. United States
(2×)
Hoang Ha v. Schweiker, 707 F.2d 1104, 1105 (9th Cir.1983); see also Spencer v. NLRB, 712 F.2d 539, 557 (D.C.Cir.1983), cert. denied, --- U.S. ----, 104 S.Ct. 1908 , 80 L.Ed.2d 457 (1984); Natural Resources Defense Council, Inc. v. EPA, 703 F.2d 700, 707 (3d Cir.1983); Tyler Business Services, Inc. v. NLRB, 695 F.2d 73, 75 (4th Cir.1982); Broad Avenue Laundry & Tailoring v. United States, 693 F.2d 1387, 1390-91 (Fed.Cir.1982).
Retrieving the full opinion text from the archive…
Galahad
v.
Weinshienk, Judge, United States District Court for the District of Colorado
v.
Weinshienk, Judge, United States District Court for the District of Colorado
No. 83-960.
Supreme Court of the United States.
Apr 16, 1984.
Published
Citer courts: Seventh Circuit (1)
C. A. 10th Cir. Certiorari denied.