United States Federal Circuit

Denial of plaintiff's application for attorney fees under the Equal Access to Justice Act is affirmed where the Secretary of Veterans Affairs' position at the administrative and litigation levels was substantially justified.

Appellate Information

• Decided 06/16/2005
• Published 06/16/2005

Judges

• Before MAYER, RADER, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Sandra E. Booth, of Columbus, Ohio, argued for claimant-appellant.


• For Appellees:
  
• Ronald G. Morgan, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Mark A. Meinick, Assistant Director.   Of counsel on the brief were Michael J. Timinski, Deputy Assistant General Counsel, and Martie S. Adelman, Attorney, United States Department of Veterans Affairs, of Washington, DC.