3 canonical passages across 2 cases, quoted by 11 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 Max I. Bittner v. Sadoff & Rudoy Industries.
| # | Case | Flag | Canonical passage | Citers |
|---|---|---|---|---|
| 1 | Max I. Bittner v. Sadoff & Rudoy Industries Anchor | green | “unless the court finds that the position of the plaintiff was substantially justified or that special circumstances make an award unjust.” | 4 |
| 2 | Albert L. Meredith v. Navistar International Transportation Corporation, and Its Retirement Plan for Salaried Employees | green | “whichever approach is used, the bottom-line question is essentially the same: was the losing party's position substantially justified and taken in good faith, or was that party simply out to harass its opponent?” | 4 |
| 3 | Max I. Bittner v. Sadoff & Rudoy Industries | green | “this discretion is not to be exercised without any criteria; it is not unlimited.” | 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.