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Because a determination whether a legal position is "substantially justified" depends greatly on factual determinations, the Court reasoned that the district court was "better positioned" to make such factual determinations.
The question whether the Government has taken a "substantially justified" position under all the circumstances involves the consideration of unique factors that are "little susceptible... of useful generalization". Ibid.
None of the rumours which emerged linking Lewandowski to the Premier League or La Liga were ever substantially justified, and most ran out of steam before they'd even gone to print.
The Court of Appeals affirmed, holding that the voluntary dismissal did not divest the District Court of jurisdiction to rule upon the Rule 11 motion; that that court's determination that petitioner had violated Rule 11 was substantially justified; and that an appellant that successfully defends a Rule 11 award is entitled to recover its reasonable attorney's fees on appeal.
First, the Government suggests that because EAJA fee awards are limited to those circumstances in which the Government's position is not "substantially justified," 28 U.S.C. § 2412(d)(1)(A), no lawyer can rely on an EAJA fee award when deciding to take a case, so the possibility of an offset eliminating the award will play no additional role in the lawyer's decision.
2541, 101 L.Ed.2d 490wheld held that a District Court's determination under the Equal Access to Justice Act that "the position of the United States was substantially justified" should be reviewed for an abuse of discretionstrongly supports applying a unitary abuse-of-discretion standard to all aspects of a Rule 11 proceeding.
Similar(45)
Hence, we seem substantially less justified than we normally take ourselves to be in thinking that Gettier provided a counterexample the JTB theory.
Manningham-Buller said the invasion wasn't justified and substantially increased the terror threat to the UK.
What makes justified beliefs justified?
Economically justified, theologically justified, and monarchically justified.
In view of this, the choice for the experimental procedure seems justified as the present study uses a substantially higher dose.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com