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Home / Case Digests / 02-1657 Scarborough v. Principi

02-1657 Scarborough v. Principi

Unlike the § 2412(d)(1)(B) prescriptions on what the applicant must show (his “prevailing party” status, “eligib[ility] to receive an award,” and “the amount sought, including an itemized statement”), the required “not substantially justified” allegation imposes no proof burden on the fee applicant, but is simply an allegation or pleading requirement. So understood, the applicant’s pleading ...

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