No Award of Attorneys' Fees Under Equal Access to Justice Act if Government Position Is Substantially Justified

In a recent decision, the Armed Services Board of Contract Appeals (ASBCA) reaffirmed that, even when a contractor prevails in a claim against the Government, attorneys' fees under the Equal Access to Justice Act (EAJA), 5 U.S.C. ยง 504, are not awarded in cases where the Government's position in the litigation was substantially justified....
By: Davis Wright Tremaine LLP

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