United States Federal Circuit

Parties who secure a consent order remanding a proceeding to an administrative agency because of an alleged error on the merits (where the court also retains jurisdiction) are "prevailing parties" under the Equal Access to Justice Act if they succeed on the merits in the remand proceeding.

Appellate Information

• Decided 07/24/2003
• Published 07/24/2003

Judges

• Before CLEVENGER, RADER, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Munford Page Hall, II, Dorsey & Whitney LLP, of Washington, DC, argued for plaintiffs-appellants.   With him on the brief was Linda B. Popejoy.


• For Appellees:
  
• Claudia Burke, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee.   With her on the brief were Robert D. McCallum, Jr., Associate Attorney General;  David M. Cohen, Director;  and Lucius B. Lau, Assistant Director.