The Equal Access to Justice Act – Winning attorneys’ fees when the government goes too far

Description

Abstract: The Equal Access to Justice Act provides for the recovery of attorneys’ fees from the government when it acts in bad faith or pursues a matter that isn’t substantially justified. This article describes a case in which an appeals court considered whether the Department of Labor should pay a plaintiff’s attorneys’ fees following a particularly aggressive investigation. A sidebar focuses on how a court may determine whether a frivolous argument has been proffered and pursued.