Substantially justified definition

Substantially justified means having a reasonable basis in law and fact.

Substantially justified as it appears in Rule 37, means “a genuine dispute or if reasonable people could differ as to the appropriateness of the contested action.” Lester v. City of Lafayette, Colo., 639 F. App’x 538, 542 (10th Cir. 2016) (quoting Pierce v. Underwood, 487 U.S. 552, 565 (1988)). Substantial justification does not require justification “to a high degree, but rather justified in substance or in the main—that is, justified to a degree that could satisfy a reasonable person.” Id. (citing Pierce, 487 U.S. at 565).

Substantially justified means “justified to a degree that could satisfy a reasonable person.” Pierce v. Underwood, 487 U.S. 552, 565 (1988). The Sixth Circuit has held that a party meets the “substantially justified” standard if “there is a genuine dispute, or if reasonable people could differ as to the appropriateness of the contested action.” Doe v. Lexington–Fayette Urban Co. Gov't, 407 F.3d 755, 765 (6th Cir. 2005) (quoting Pierce, 487 U.S. at 552)). As noted by the Supreme Court, “the one [connotation] most naturally conveyed by the phrase before us here is

Examples of Substantially justified in a sentence

• Substantially justified means the Department had a reasonable basis in law and fact at the time the action was brought for believing the respondent committed the violation.

• Claims against the Company / disputed liabilities not acknowledged as debtsa.

• Substantially justified means “something more than non-frivolous, but something less than meritorious.” Id. (quoting Senese, 237 F.3d at 826).

• Substantially justified means justified in substance or in the mains, rather than justified to a high degree, and even losing arguments could commonly be found to be substantially justified.

• Substantially justified “does not mean justified to a high degree, but only justified in substance or in the main—that is, justified to a degree that could satisfy a reasonable person.” Sheppard v.

More Definitions of Substantially justified

Substantially justified means that the state's position had a reasonable basis in law and fact, based on the totality of the circumstances before and during the litigation or contested case proceeding.

Substantially justified means " `justified in substance

Substantially justified means more than frivolous, or undeserving of sanctions. In re Friend, 156

Substantially justified means having a reasonable basis in law and fact.” Wis. Stat. § 227.485(2)(f) (1999-2000).

Substantially justified means “justified to a degree that could satisfy a reasonable person.” Sun River Energy, Inc. v. Nelson, 800 F.3d 1219, 1227 (10th Cir. 2015) (quoted authority omitted).

Substantially justified means "justified to a degree that could satisfy a reasonable person." Pierce v. Underwood, 487 U.S. 552, 565 (1988). Thus, even an incorrect position can be justified "if a reasonable person could think it correct, that is, if it has a reasonable basis in law and fact." Id. at 566 n.2; see Stillwell, 6 Vet.App. at 302. In determining the reasonableness of the Secretary's position, the Court must analyze the "'totality of the circumstances' surrounding the government's adoption of a particular position." Patrick v. Shinseki, 668 F.3d 1325, 1332 (Fed. Cir. 2011). Such factors include "merits, conduct, reasons given, and consistency with judicial precedent and VA policy with respect to such position, and action or failure to act," along with any other applicable circumstances.3 Stillwell, 6 Vet.App. at 302; see Cline v. Shinseki, 26 Vet.App. 325, 327 (2013). No

Substantially justified means that the state's position had a reasonable basis in law and fact, based on the totality of the circumstances before and during the . .