Fed. Circ. Weighs on the costs of EAJA in partial victories


Law360 (April 29, 2021, 8:51 p.m. EDT) – The Federal Circuit released a previous ruling on Thursday clarifying that the government is still obligated to cover attorney fees arising from initial reviews of cases for those who prevail against it in cases civil actions, even if the litigants have not won their case on all their claims.

According to the underlying case, US Army veteran Robert L. Smith partially won an appeal of a US Department of Veterans Affairs ruling on his benefits. He then requested that his attorney fees for the appeal be covered by the Equal Access to Justice Act, which requires the government to pay attorney fees for those who prevail …

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