Section 90 ?Special Circumstances?
| Library | Employer-Employee Law 2008 |
Even if the government fails to demonstrate that it was “substantially justified” in bringing an agency action, an EAJA award is inappropriate when “special circumstances make an award unjust.” Sec’y of Labor v. K.D.K. Upset Forging, Inc., OSHRC Docket No. 81-1932, 1986 OSAHRC LEXIS 112, 12 O.S.H. Cas. (BNA) 1856 (OSHRC June 10, 1986). The type of equitable considerations that constitute “special...
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