Topic: a legal position is 'substantially justified' if there is a… · Go Syfert
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Topic #22742

2 canonical passages across 2 cases, quoted by 18 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Decision Insights, Inc. v. Sentia Group, Inc..

#Case FlagCanonical passage Citers
1 Decision Insights, Inc. v. Sentia Group, Inc. Anchor
ca4 · 2009
green “a legal position is 'substantially justified' if there is a 'genuine dispute' as to proper resolution or if 'a reasonable person could think it correct, that is, if it has a reasonable basis in law and fact.” 11
2 Kemp v. Harris
mdd · 2009
green “courts have concluded that 'substantial justification' could include making meritorious objections to requested discovery, or even engaging in a legitimate dispute over the sequence of discovery.” 7

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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