Plain-English summary
Court will decide when the Equal Access to Justice Act requires fee awards in non‑tort cases against the government
The Court will decide how the Equal Access to Justice Act (EAJA) applies to civil actions “other than cases sounding in tort” brought by or against the United States—specifically whether a prevailing party is presumptively entitled to attorney’s fees and costs under 28 U.S.C. §2412(d)(1)(A) in the kind of immigration-related suit at issue. The case was granted for the current Term and comes from the Fourth Circuit.
Why this matters
The Court’s interpretation will affect who can recover attorney’s fees and costs in many kinds of suits against the federal government (beyond tort claims). That matters for access to justice: fee awards under EAJA make it easier for individuals and small organizations to challenge government action by reducing the financial risk of litigation. The decision could also change how agencies approach litigation and settlements if the prospect of fee awards increases.
Who may feel it
- Individuals and organizations who sue or defend lawsuits against the federal government in non‑tort civil cases (for ex.
- Immigration petitioners and respondents in cases where EAJA applicability is disputed
- Civil rights and public-interest litigants who rely on fee-shifting to pursue claims
- Federal agencies facing potential fee awards