United States Ninth Circuit

In a case involving a failed prosecution for health care fraud, an order partially granting defendant's motion under the Hyde Act and awarding fees to cover the costs of defending against certain counts associated with one of the theories advanced by the government on the ground that the theory was frivolous, is reversed and the fee application is denied where the failure by the government to thoroughly investigate the case was not the kind of misconduct requiring a fee award.

Appellate Information

• Argued 11/17/2008
• Decided 01/08/2010
• Published 01/08/2010

Judges

• Before: KIM McLANE WARDLAW and WILLIAM C. CANBY, JR., Circuit Judges, and DAVID G. TRAGER, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Vijay Shanker, United States Department of Justice, Washington, DC, for the plaintiff-appellant-cross-appellee., Jeffery S. Parker, Great Falls, VA, for the defendant-appellee-cross-appellant.