Substantial Justification definition

Substantial Justification means that the initial position of the agency, as well as the agency's position in the proceeding, has a reasonable basis in law and fact.
Sample 1Sample 2Sample 3
Substantial Justification means that the initial position of the agency, as well as the
Sample 1Sample 2Sample 3
Substantial Justification means “reasonable people could differ as to the appropriateness of the contested action.” Knight through Kerr, 856 F.3d at 812 (citing
Sample 1

Examples of Substantial Justification in a sentence

  • Nexus between Facts Found & Bad Faith and Substantial Justification Appellants argue that the circuit court’s ruling lacked specificity of fact finding and failed to establish any nexus between the facts found and bad faith and/or lack of substantial justification from those findings of fact.Referring to Maryland Rule 1-341 sanctions, the Court of Appeals in Talley v.

  • Substantial Justification In determining whether to award attorney fees under EAJA, the Court looks to whether the Government’s position prior to and throughout litigation was “substantially justified,” i.e., had a “reasonable basis in both law and fact.” Chiu v.

  • The values for purpose, however, seemed specific for KYC operations.

  • The representative organizations must be autonomous in order to dialogue efficiently with the Government, and collusion between representatives of governments and employers during these discussions on employment conflicted with this idea.

  • Substantial Justification The phrase “substantial justification” means “‘justified in substance or in the main’ - - that is, justified to a degree that could satisfy a reasonable person.

  • Crucially, the pronoun does not have to bear stress in this case.19 What also can be captured now is a link between the option to drop second per- son subjects and the occurrence of a high agreement marker in Bavarian.

  • Substantial Justification A prevailing party in an adversary adjudication is not entitled to an award of fees and expenses if the “position of the agency was substantially justified.” 5 U.S.C. § 504(a)(1).

  • From the sys- tem integrator’s point of view, the production process consists of creating software on top of the PLCs/PACs and providing a plant solution.

  • Treasury Should Require State Agencies to Do More to Establish in Writing What Are Necessary and Reasonable Demolition Costs in Each City and Seek Substantial Justification for Invoices That Exceed Those Costs‌ Treasury should require that state housing finance agencies do more to establish in writing necessary and reasonable demolition costs for each city.

  • Substantial Justification Once an eligible applicant establishes that it is the prevailing party, the Secretary bears the burden of establishing that his position was substantially justified.


More Definitions of Substantial Justification

Substantial Justification means “justification to a degree that could satisfy a reasonable person that parties could differ as to whether the party was required to comply with the disclosure request.” Preuss v. Kolmar Labs., Inc., 970 F. Supp. 2d 171, 175 (S.D.N.Y. 2013) (quoting Am. Stock Exch., LLC v. Mopex, Inc., 215 F.R.D. 87, 93 (S.D.N.Y. 2002)). “The test of substantial justification is satisfied if there exists a genuine dispute concerning compliance.” CIL Ltd., 2019 WL 1750909, at *8. “A failure to provide the disclosure mandated by Rule 26 is harmless when there is no prejudice to the party entitled to the disclosure.” Id. Before precluding testimony, courts within the Second Circuit generally weigh four factors: “(1) the party’s explanation for the failure to comply . . . ; (2) the importance of the testimony of the precluded witness; (3) the prejudice suffered by the opposing party . . . ; and (4) the possibility of a continuance.” Softel, Inc. v. Dragon Med. and Sci. Commc’n, Inc., 118 F.3d
Sample 1
Substantial Justification under the EAJA means that
Sample 1
Substantial Justification means that the initial position of the agency, as well as the agency’s position in the proceedings, has a reasonable basis in law and fact.” Section 42-92-2(7).
Sample 1
Substantial Justification means that the initial position of the agency, as well as the agency‟s position in the proceedings, has a reasonable basis in law and fact.” Sec. 42-92-2 (7). Our Supreme Court has held that in applying the substantial justification test, “the Government now must show not merely that its position was marginally reasonable; its position must be clearly reasonable, well founded in law and fact, solid though not necessarily correct.” Taft, 536
Sample 1
Substantial Justification under the EAJA means that the government’s position must have a reasonable basis in law and fact.” Corbin, 149 F.3d at 1052. “The government’s posi- tion must be substantially justified at each stage of the pro- ceedings.” Id. (citation and internal quotation marks omitted). Where, as here, the ALJ’s decision was reversed on the basis of procedural errors, the question is not whether the govern- ment’s position as to the merits of Shafer’s disability claim was substantially justified. See id. at 1052-53. Rather, the rel- evant question is whether the government’s decision to defend on appeal the procedural errors committed by the ALJ was substantially justified.6 See id. at 1053.
Sample 1
Substantial Justification means that the initial position of the Division of Taxation, as well as the Division of Taxation's position in the proceedings, has a reasonable basis in law and fact.
Sample 1

Related to Substantial Justification

  • Substantial Involvement means involvement on the part of the Government. DOE's involvement may include shared responsibility for the performance of the Project; providing technical assistance or guidance which the Applicant is to follow; and the right to intervene in the conduct or performance of the Project. Such involvement will be negotiated with each Applicant prior to signing any agreement.

  • Substantial action means adopting, publicizing, and implementing a formal plan to cease scrutinized business operations within 1 year and to refrain from any new business operations.

  • Substantial Taking means a Taking of at least 15% of the Land or Improvements which, in Lessee’s and Lessor’s reasonable judgment, will materially and adversely interfere with any development or use of the Premises that Lessee is then conducting or intends in good faith to conduct in the future.

  • Substantial governmental relationship means the extent of a governmental relationship necessary under Ohio law to make an added guarantee contract issued incident to that relationship valid and enforceable. A guarantee contract is issued "incident to that relationship" if it arises from a clear commonality of interest in the event of an UST release such as conterminous boundaries, overlapping constituencies, common groundwater aquifer, or other relationship other than monetary compensation that provides a motivation for the guarantor to provide a guarantee.

  • Substantial Block means a number of shares of the Voting Stock which has 15% or more of the aggregate voting power of all outstanding shares of Voting Stock.

  • Substantial modification means modification of a relevant source that results in a significant increase in emissions, excluding any change in emissions resulting from by-product recovery. It shall be a matter for the Party to decide whether a modification is substantial or not;

  • Allegation means any written or oral statement or other indication of possible scholarly misconduct made to an institutional official.

  • Substantial disruption means without limitation that any one or more of the following occur as a result of the bullying:

  • Substantial compliance means a level of compliance with these rules where any deficiencies pose no greater risk to resident health or safety than the potential for causing minor harm.

  • Substantial improvement means any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during any one-year period for which the cost equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include either:

  • Notice of Dissatisfaction means the notice given by either Party to the other indicating its dissatisfaction and intention to commence arbitration.

  • Substantial Performance means the stage of completion when:(a) all Work, as certified by the Contract Administrator, is capable of completion or correction at a cost of not more than:

  • Mental abnormality or "personality disorder" means a congenital or acquired condition that affects

  • Substantial cause means Employee’s (1) failure to substantially perform Employee’s duties; (2) material breach of this Agreement; (3) misconduct, including but not limited to, use or possession of illegal drugs during work and/or any other action that is damaging or detrimental in a significant manner to the Company; (4) conviction of, or plea of guilty or nolo contendere to, a felony; or (5) failure to cooperate with, or any attempt to obstruct or improperly influence, any investigation authorized by the Board of Directors or any governmental or regulatory agency.

  • Certificate of Substantial Performance means a certificate issued by the NCC when the Work reaches Substantial Performance;

  • Substantial Holder means a Person (including, without limitation, any group of Persons treated as a single “entity” within the meaning of the Treasury Regulation Section 1.382-3) holding Corporation Securities, whether as of the Effective Date, after giving effect to the Plan, or thereafter, representing a Percentage Stock Ownership (including indirect ownership, as determined under applicable Treasury Regulations) in the Corporation of at least 4.75%.

  • Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

  • Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

  • Substantial alteration means an alteration that has a major impact on the architectural features, characteristics, appearance, or integrity of a structure or lot. The term does not include routine maintenance that is reasonably necessary to maintain a dealership facility in attractive condition and does not include any changes to items protected by federal intellectual property rights.

  • Substantial Breach means the following:

  • Substantial Owner means any person or persons who own or hold a twenty-five percent (25%) or more percentage of interest in any business entity seeking a FPDCC Privilege, including those shareholders, general or limited partners, beneficiaries and principals; except where a business entity is an individual or sole proprietorship, Substantial Owner means that individual or sole proprietor.

  • Mental, Nervous or Psychological Disorder means a mental or nervous health condition including, but not limited to: anxiety, depression, neurosis, phobia, psychosis; or any related physical manifestation.

  • reasonable possibility means that there is a cause and effect relationship between the investigational product, study device and/or study procedure and the AE.

  • Substantial and Compelling Reason in the Public Interest means a reason that is justified by an important, specific, and articulated public interest goal that is within ICANN's mission and consistent with a balanced application of ICANN's core values as defined in ICANN's Bylaws.

  • Bona Fide Request (BFR) is the process described in the applicable Appendix UNE.

  • Substantial Amount means, at the time of determination thereof, an amount in excess of 30.0% of total consolidated assets (exclusive of depreciation) at such time of the Borrower and its Subsidiaries determined on a consolidated basis.