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PIERCE v. UNDERWOOD

No. 86-1512.

487 U.S. 552 (1988)

108 S.Ct. 2541

101 L.Ed.2d 490

PIERCE, SECRETARY OF HOUSING AND URBAN DEVELOPMENT v. UNDERWOOD ET AL.

Supreme Court of United States.

Decided June 27, 1988

Attorney(s) appearing for the Case

Deputy Solicitor General Merrill argued the cause for petitioner. On the briefs were Solicitor General Fried, Assistant Attorney General Willard, Deputy Solicitor General Lauber, Charles A. Rothfeld, William Kanter, John S. Koppel, and Gershon M. Ratner.

Mary S. Burdick argued the cause for respondents. With her on the brief was Richard A. Rothschild.*

JUSTICE SCALIA delivered the opinion of the Court.

Respondents settled their lawsuit against one of petitioner's predecessors as Secretary of Housing and Urban Development, and were awarded attorney's fees after the court found that the position taken by the Secretary was not "substantially justified" within the meaning of the Equal Access to Justice Act (EAJA), 28 U. S. C. § 2412(d). The court also determined that ...

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