United States Federal Circuit

In the Government's appeal of attorney's fees awarded to plaintiff by the U.S. Court of Federal Claims pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. sections 2412(a) and (d)(1)(A) (2012), the Claims Court's conclusion that comments made by the Court during a hearing and prior to the Government taking corrective action materially altered the relationship between the parties such that plaintiff qualified as a 'prevailing party' under the EAJA, the award is reversed where a strong comment by a trial court is not tantamount to a ruling on the merits or a court order.

Appellate Information

• Published 2017/05/01

Judges

• WALLACH

Court

• United States Federal Circuit

Counsel