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EAJA Fee Application May Be Amended After Filing Period Has Run

Monday, May 17, 2004

  • Organization: Sargent Shriver National Center on Poverty Law
The Supreme Court in Scarborough v. Principi held that a timely application for fees under the Equal Access to Justice Act, 28 U.S.C. ยง 2412(d), may be amended after the 30-day filing period has run to cure an initial failure to allege that the government's position in the underlying litigation lacked substantial justification. Click here to access certain free documents relating to the case, offered by the Sargent Shriver National Center for Poverty Law (NCPL), www.povertylaw.org, online Poverty Law Library. Subscribers can access a multitude of additional useful resources from the NCPL.

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