Section 85 Prevailing Party
| Library | Employer-Employee Law 2008 |
The EAJA only allows an award when a party has prevailed against the government in an OSHA action. 5 U.S.C. § 504(a)(1). Section 504(a)(4) entitles a party to compensation when “the demand by the agency is substantially in excess of the decision of the adjudicative officer and is unreasonable when compared with such decision.”
Certain types of dispositions, such as judgments on the pleadings or directed verdicts, may indicate a lack of substantial justification. Sec’y of Labor v. Hocking v. Valley Steel...
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