position of the United States definition

position of the United States means, in addition to the position taken by the United States in the civil action, the action or failure to act by the agency upon which the civil action is based; except that fees and expenses may not be awarded to a party for any portion of the litigation in which the party has unreasonably protracted the proceedings;
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position of the United States means, in addition to the position taken by the United States in the civil action, the action or failure to act by the agency upon which the civil action is based.
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position of the United States means, in addition to the position taken by the United States in the civil action, the action or failure to act by the agency upon which the civil action is based.” 28 U.S.C. § 2412(d)(2)(D). The general rule is that EAJA fees “should be awarded where the government’s underlying action was unreasonable even if the government advanced a reasonable litigation position.” Hackett, 475 F.3d at 1174.
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Examples of position of the United States in a sentence

  • The views expressed in this thesis are those of the author and do not reflect the official policy or position of the United States Air Force, Department of Defense, or the United States Government.

  • It is the position of the United States that the Arctic Council should remain a high-level forum devoted to issues within its current mandate and not be transformed into a formal international organization, particularly one with assessed contributions.

  • The Senate resolution expressed the sense of Congress “that the Secretary of State, in consultation with the Secretary of Commerce, should continue working to implement the position of the United States on Internet governance that clearly articulates the consistent and unequivocal policy of the United States to promote a global Internet free from government control and preserve and advance the successful multistakeholder model that governs the Internet today.” S.Con.Res.

  • This is the position of the United States today, it will be the position of the United States at the time of final status negotiations.” He also said, “The barrier being erected by Israel ...

  • Nothwithstanding the preceding sentences, unless the action has been pending for more than 10 years from the time of filing to the time that the owner applies for such costs and fees, reasonable and entire compensa- tion shall not include such costs and fees if the court finds that the position of the United States was sub- stantially justified or that special circumstances make an award unjust.’’ 1992—Subsec.

  • The position of the United States Government has always been clear and consistent in this regard.

  • The party shall also allege that the position of the United States was not substantially justified.

  • In order to protect the financial or legal position of the United States.

  • Revival of commodity sectors did not find a matching growth in transport services, which grew at the rate of 3.7 per cent in 2008-09 and UNEMPLOYMENT RATES - BY AREA AND SEX Source: Federal Bureau of Statistics, Labour Force Survey 2009-10 Area/Sex2008-092009-10 TotalMaleFemaleTotalMaleFemalePakistan5.54.59.05.64.49.5Rural4.73.97.24.83.97.2Urban7.15.617.67.25.320.8 3.6 per cent in 2009-10 and it declined sharply to 1.3 per cent in 2010-2011.

  • Whether or not the position of the United States was substantially justified shall be determined on the basis of the record (including the record with respect to the action or failure to act by the agency upon which the civil action is based) which is made in the civil action for which fees and other expenses are sought.


More Definitions of position of the United States

position of the United States means, in addition to the position taken by the United States in the civil action, the action or failure to act by the agency upon which the civil action is based . . . .” 28 U.S.C. § 2412(d)(2)(D). “Despite focusing on both of the agency’s actions and the government’s subsequent litigating position, the Court ‘is not to review the different elements of the government’s position separately.’” Ivy Sports Med., LLC v. Burwell, 174 F. Supp. 3d 130, 140 (D.D.C. 2016) (quoting Ctr. for Food Safety v. Burwell, 126 F. Supp. 3d 114, 123–24 (D.D.C. Sept. 4, 2015)). “Instead, the Court must consider the agency’s conduct and the government’s subsequent defense of that conduct ‘as an inclusive whole,’ and make ‘only one threshold determination for the entire civil action.’” Ivy Sports Med., 174 F. Supp. 3d at 140 (citations omitted). Viewing the United States’ position as a whole, the appropriate focus is whether its mootness argument was substantially justified.
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position of the United States means, in addition to the position taken by the United States in the civil action, the action or failure to act by the agency upon which the civil action is based.” 28 U.S.C. § 2412(d)(2)(D). The general rule is that EAJA fees “should be awarded where the government’s underlying action was unreasonable even if the government advanced a reasonable litigation position.” Hackett, 475 F.3d at 1174. But we have recognized an exception when the government advances a reasonable litigation position that “cure[s] unreasonable agency action.” Id. at 1173–74. In the social security context, we have interpreted that exception to include “when the Commissioner reasonably (even if unsuccessfully) argues in litigation that the ALJ’s errors were harmless.” Groberg v.
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position of the United States means, in addition to the position taken by the United States
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position of the United States means, in addition to the position taken by the United States in the civil action, the action o r failure to act by the ag en cy up on which th e c ivil action is based; except that fees and expenses may not be awarded to a party for any
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Related to position of the United States

  • United States and “U.S.” mean the United States of America.

  • Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

  • Manufactured in the United States means produced by a process in which the manufacturing, final assembly, processing, packaging, testing, and any other process that adds value, quality, or reliability to assembled articles, materials, or supplies, occur in the United States.

  • County Government means the county government provided for under Article 176 of the Constitution;

  • Community Accountability Planning Submission means the HSP Board approved planning document submitted by the HSP to the LHIN. The form, content and scheduling of the Planning Submission will be identified by the LHIN;