Substantial Justification definition

Substantial Justification means that the initial position of the agency, as well as the agency's position in the proceeding, has a reasonable basis in law and fact.
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Substantial Justification means that the initial position of the agency, as well as the
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Substantial Justification under the EAJA means that
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Examples of Substantial Justification in a sentence

  • Substantial Justification The phrase “substantial justification” means “‘justified in substance or in the main’ - - that is, justified to a degree that could satisfy a reasonable person.

  • Here, the parties agree that the first three elements of § 523(d) are satisfied and the remaining elements at issue are “substantial justification” and “special circumstances.” Therefore the burden of proof is on CFCU.C. Substantial Justification.

  • In our view, one of the circuit court’s findings was clearly erroneous, while others were legally incorrect.1. Lack of Substantial Justification A party lacks substantial justification to maintain or defend a proceeding when it has no “‘reasonable basis for believing that the claims would generate an issue of fact for the fact finder’” (id.

  • Substantial Justification A prevailing party in an adversary adjudication is not entitled to an award of fees and expenses if the “position of the agency was substantially justified.” 5 U.S.C. § 504(a)(1).

  • Substantial Justification In determining whether to award attorney fees under EAJA, the Court looks to whether the Government’s position prior to and throughout litigation was “substantially justified,” i.e., had a “reasonable basis in both law and fact.” Chiu v.

  • Nexus between Facts Found & Bad Faith and Substantial Justification Appellants argue that the circuit court’s ruling lacked specificity of fact finding and failed to establish any nexus between the facts found and bad faith and/or lack of substantial justification from those findings of fact.Referring to Maryland Rule 1-341 sanctions, the Court of Appeals in Talley v.

  • Substantial Justification Under EAJA, an award of fees and expenses to a prevailing party will not be made if the Government’s position was substantially justified.

  • The Lower Court Erred in Sanctioning the Tribe’s Attendant Communication to the AAA Because the Sanctions Were Issued in Excess of Jurisdiction, and Also Because the Communication Was Neither Frivolous nor in Bad Faith, But Rather Was Made With Good Cause and Substantial Justification 45CONCLUSION 49CERTIFICATE OF COMPLIANCE 50CERTIFICATE OF SERVICE 51 TABLE OF AUTHORITIES CasesAbbett Elec.

  • Tikka PM, Kuitunen MT, Tynys SM (2000) Effects of educational background on students’ attitudes, ac- tivity levels, and knowledge concerning the environ- ment.

  • Substantial Justification In its application, appellant did not specifically allege that the Government’s position was not substantially justified.


More Definitions of Substantial Justification

Substantial Justification under the EAJA means that the government’s position must have a reasonable basis in law and fact.” Corbin, 149 F.3d at 1052. “The government’s posi- tion must be substantially justified at each stage of the pro- ceedings.” Id. (citation and internal quotation marks omitted). Where, as here, the ALJ’s decision was reversed on the basis of procedural errors, the question is not whether the govern- ment’s position as to the merits of Shafer’s disability claim was substantially justified. See id. at 1052-53. Rather, the rel- evant question is whether the government’s decision to defend on appeal the procedural errors committed by the ALJ was substantially justified.6 See id. at 1053.
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Substantial Justification means that the initial position of the agency, as well as the agency’s position in the proceedings, has a reasonable basis in law and fact.” Section 42-92-2(7).
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Substantial Justification means “reasonable people could differ as to the appropriateness of the contested action.” Knight through Kerr, 856 F.3d at 812 (citing
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Substantial Justification means “justification to a degree that could satisfy a reasonable person that parties could differ as to whether the party was required to comply with the disclosure request.” Preuss v. Kolmar Labs., Inc., 970 F. Supp. 2d 171, 175 (S.D.N.Y. 2013) (quoting Am. Stock Exch., LLC v. Mopex, Inc., 215 F.R.D. 87, 93 (S.D.N.Y. 2002)). “The test of substantial justification is satisfied if there exists a genuine dispute concerning compliance.” CIL Ltd., 2019 WL 1750909, at *8. “A failure to provide the disclosure mandated by Rule 26 is harmless when there is no prejudice to the party entitled to the disclosure.” Id. Before precluding testimony, courts within the Second Circuit generally weigh four factors: “(1) the party’s explanation for the failure to comply . . . ; (2) the importance of the testimony of the precluded witness; (3) the prejudice suffered by the opposing party . . . ; and (4) the possibility of a continuance.” Softel, Inc. v. Dragon Med. and Sci. Commc’n, Inc., 118 F.3d
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Substantial Justification means that the initial position of the Division of Taxation, as well as the Division of Taxation's position in the proceedings, has a reasonable basis in law and fact.
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Substantial Justification means that the initial position of the agency, as well as the agency‟s position in the proceedings, has a reasonable basis in law and fact.” Sec. 42-92-2 (7). Our Supreme Court has held that in applying the substantial justification test, “the Government now must show not merely that its position was marginally reasonable; its position must be clearly reasonable, well founded in law and fact, solid though not necessarily correct.” Taft, 536
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Related to Substantial Justification

  • Substantial modification means modification of a relevant source that results in a significant increase in emissions, excluding any change in emissions resulting from by-product recovery. It shall be a matter for the Party to decide whether a modification is substantial or not;

  • Substantial disruption means without limitation that any one or more of the following occur as a result of the bullying:

  • Substantial compliance means a level of compliance with these rules where any deficiencies pose no greater risk to resident health or safety than the potential for causing minor harm.

  • Substantial improvement means any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during any one-year period for which the cost equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include either:

  • Notice of Dissatisfaction means the notice given by either Party to the other indicating its dissatisfaction and intention to commence arbitration.

  • Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

  • Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.