Topic: not what the law now is, but what the government was substa… · Go Syfert
← All topics

Topic #24527

3 canonical passages across 3 cases, quoted by 17 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 Loomis v. United States.

#Case FlagCanonical passage Citers
1 Loomis v. United States Anchor
uscfc · 2006
green “not what the law now is, but what the government was substantially justified in believing it to have been.” 8
2 Gargoyles, Inc. v. United States
uscfc · 1999
green “in the context of eaja claims, we have held that the 'position of the united states' in judicial proceedings refers to the united states' position 'throughout the dispute, including not only its litigating position but also the agency's administrative position.” 6
3 Manno v. United States
uscfc · 2001
green “can be justified even though it is incorrect.” 3

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.

← Caselaw search · Hot / Trending / Newly red · Brief Check