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Government,
9th U.S. Circuit Court of Appeals

Sep. 2, 2016

No-fly list ruling is a limited victory for pro bono lawyers

The 9th Circuit ruled on Tuesday that courts determining whether governmental conduct was "substantially justified" for the purpose of awarding fees under the Equal Access to Justice Act should conduct a single, holistic inquiry.

Chet Kronenberg

Litigation partner
Simpson Thacher & Bartlett LLP

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Joanne S. Jennings

Simpson Thacher Bartlett, LLP

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In a limited victory for pro bono attorneys challenging governmental conduct, the 9th U.S. Circuit Court of Appeals ruled on Tuesday that courts determining whether governmental conduct was "substantially justified" for the purpose of awarding fees under the Equal Access to Justice Act (EAJA) should conduct a single, holistic inquiry that considers the government's conduct in the case as a whole.

The case which spawned the fee dispute began in 2005, when Dr. Rahinah Ibrahim was arres...

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