Equal Access to Justice Act Amendments: Hearing Before the Subcommittee on Courts, Civil Liberties, and the Administration of Justice of the Committee on the Judiciary, House of Representatives, Ninety-eighth Congress, Second Session, on H.R. 5059 ... March 14, 1984U.S. Government Printing Office, 1986 - 413 pagini |
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Pagina 32
... benefit to the landowner . ) Adoption of this standard will eliminate litigation over who is the " prevailing party " that follows from ambiguous definitions given by the courts and will also insure that the Act does not encourage ...
... benefit to the landowner . ) Adoption of this standard will eliminate litigation over who is the " prevailing party " that follows from ambiguous definitions given by the courts and will also insure that the Act does not encourage ...
Pagina 51
... benefits determinations . A far lower number of the awards actually went to small businesses . At the Federal agency level , the success rate for small business is even lower . In two years , there have been only eight fee awards made ...
... benefits determinations . A far lower number of the awards actually went to small businesses . At the Federal agency level , the success rate for small business is even lower . In two years , there have been only eight fee awards made ...
Pagina 59
... benefits by a rather wholesale system operating around the coun- try , and then found reversal rates exceeding 50 percent at the ad- ministrative law judge level . And it seems to me that that burden being placed on the recipients of ...
... benefits by a rather wholesale system operating around the coun- try , and then found reversal rates exceeding 50 percent at the ad- ministrative law judge level . And it seems to me that that burden being placed on the recipients of ...
Pagina 60
... benefits , have to go to a fairly complex hearing procedure , in order to vindicate their rights , and 50 percent of the time or more , they turn out to be right and the agency is wrong ? It would seem to me we would have an inter- est ...
... benefits , have to go to a fairly complex hearing procedure , in order to vindicate their rights , and 50 percent of the time or more , they turn out to be right and the agency is wrong ? It would seem to me we would have an inter- est ...
Pagina 88
... benefits . The EAJA provides fees only in " adversary adjudications . " 5 U.S.C. $ 504 ( a ) ( 1 ) . An " adversary adjudication " is defined as one conducted under $ 554 of the Administrative Procedure Act where the position of the ...
... benefits . The EAJA provides fees only in " adversary adjudications . " 5 U.S.C. $ 504 ( a ) ( 1 ) . An " adversary adjudication " is defined as one conducted under $ 554 of the Administrative Procedure Act where the position of the ...
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Access to Justice adjudicative officer administrative law judge administrative proceedings adversary adjudication agency adjudication agency's amendment American Bar Association amount APPENDIX appropriate attorney fees attorney's award of attorneys award of fees bill boards of contract Chairman CHIEF COUNSEL civil action claimants Claims Court Committee Cong Congress contract appeals costs Dan Rostenkowski decision defendant denied Dept district court EAJA eligible enacted Equal Access expenses awarded Federal courts fee applications fee awards fee-shifting statutes fees and expenses fees and related filed Final Rule fiscal government's position hearings Internal Revenue Service issue Judiciary Justice Act Kastenmeier KUHL Labor limited litigation merits NLRB October payment pending petitions prevailing party private party procedures provides pursuant reasonable reauthorization related expenses require Senate settlement Small Business Administration Social Security Administration standard statutory Subcommittee on Courts subsection substantially justified Tax Court taxpayer TEFRA tion title 28 United States Code unreasonable Washington worth
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Pagina 130 - Changes in Existing Law Made bt the Bill, As Reported In compliance with clause 3 of Rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman) : TITLE 38, UNITED STATES CODE PART I. GENERAL PROVISIONS CHAPTER 1— GENERAL 101. Definitions For the purposes of this...
Pagina 117 - States; and (ii) attorney fees shall not be awarded in excess of $75 per hour unless the court determines that an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys for the proceedings involved, justifies a higher fee.); (B) "party...
Pagina 253 - United States, as sovereign, is immune from suit save as it consents to be sued . . . and the terms of its consent to be sued in any court define that court's jurisdiction to entertain the suit.
Pagina 133 - States fees and other expenses, in addition to any costs awarded pursuant to subsection (a), incurred by that party in any civil action (other than cases sounding in tort) brought by or against the United States in any court having jurisdiction of that action, unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust.
Pagina 138 - The interest shall be computed at the rate of interest established by the Secretary of the Treasury, and published in the Federal Register, for interest payments under section 12 of the Contract Disputes Act of 1978 (41 USC 611), which is in effect at the time the agency accrues the obligation to pay a late payment interest penalty.
Pagina 265 - That the Supreme Court of the United States shall have the power to prescribe, by general rules, for the district courts of the United States and for the courts of the District of Columbia, the forms of process, writs, pleadings, and motions, and the practice and procedure in civil actions at law.
Pagina 133 - Except as otherwise specifically provided by statute, a judgment for costs, as enumerated in section 1920 of this title but not including the fees and expenses of attorneys may be awarded to the prevailing party in any civil action brought by or against the United States or any agency or official of the United States acting in his official capacity, in any court having jurisdiction of such action.
Pagina 265 - shall be construed to secure the just, speedy, and inexpensive determination of every action.
Pagina 254 - The United States shall be liable for such fees and expenses to the same extent that any other party would be liable under the common law or under the terms of any statute which specifically provides for such an award.
Pagina 265 - Act provides the Supreme Court shall have the power "to prescribe by general rules, the forms of process, writs, pleadings and motions, and the practice and procedure of the district courts and courts of appeals of the United States in civil actions, including admiralty and maritime cases, and appeals therein, and the practice and procedure in proceedings for the review by the courts of appeals of decisions of the Tax Court of the United States and for the judicial review or enforcement of orders...