Pierce v. Underwood
United States Supreme Court
487 U.S. 552 (1988)
Relevant factsFree
After Underwood and other plaintiffs settled their suit against HUD's Secretary (defendant), the district court found the government's litigating position was not "substantially justified" under the EAJA and awarded attorney's fees exceeding the statute's $75-per-hour cap; the court of appeals found no abuse of discretion, and the Secretary sought Supreme Court review of both the substantial-justification finding and the above-cap fee award.
IssueFree
Whether the government's litigating position is "substantially justified" under the EAJA only if it is justified to a degree that could satisfy a reasonable person, and whether fees may exceed the statute's cap based on broadly applicable factors.