United States Federal Circuit

The "prevailing party" requirement in the Earth Access to Justice Act (EAJA) is identical to that in other federal attorneys fee-shifting statutes, and after the U.S. Supreme Court's recent rejection of the "catalyst theory" in such statutes, respondent was not entitled to recovery of attorneys fees under the EAJA.

Appellate Information

• Decided 05/03/2002
• Published 05/03/2002

Judges

• PROST, Circuit Judge., Before CLEVENGER, RADER, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Robert M. Moore, Moore & Lee, of McLean, VA, for plaintiff-appellee.   With him on the brief was Kristen A. Bennett., Michael E. Robinson, Attorney, Appellate Staff, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellant.   With him on the brief were Stuart E. Schiffer, Acting Assistant Attorney General;  and Michael Jay Singer, Attorney.   Of counsel were David M. Cohen, Director, Commercial Litigation Branch;  and Robert E. Kirschman, Jr., Attorney.   Also of counsel was Richard G. Welsh, Attorney, Office of General Counsel, U.S. Department of the Navy, of Washington, DC.