Scarborough v. Principi

541 U.S. 401, 124 S. Ct. 1856, 158 L. Ed. 2d 674, 2004 U.S. LEXIS 3234
CourtSupreme Court of the United States
DecidedMay 3, 2004
Docket02-1657
StatusPublished
Cited by684 cases

This text of 541 U.S. 401 (Scarborough v. Principi) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Scarborough v. Principi, 541 U.S. 401, 124 S. Ct. 1856, 158 L. Ed. 2d 674, 2004 U.S. LEXIS 3234 (2004).

Opinions

Justice Ginsburg

delivered the opinion of the Court.

The Equal Access to Justice Act (EAJA or Act) departs from the general rule that each party to a lawsuit pays his or her own legal fees. See Alyeska Pipeline Service Co. v. [405]*405Wilderness Society, 421 U. S. 240, 257 (1975). Relevant here, EAJA authorizes the payment of fees to a prevailing party in an action against the United States; the Government may defeat this entitlement by showing that its position in the underlying litigation “was substantially justified.” 28 U. S. C. § 2412(d)(1)(A). In a further provision, § 2412(d)(1)(B), the Act prescribes the timing and content of applications seeking fees authorized by § 2412(d)(1)(A). Section 2412(d)(1)(B) specifies as the time for filing the application “within thirty days of final judgment in the action.” In the same sentence, the provision identifies the application’s contents, in particular, a showing that the applicant is a “prevailing party” who meets the financial eligibility condition (in this case, a net worth that “did not exceed $2,000,000 at the time the . . . action was filed,” § 2412(d)(2)(B)); and a statement of the amount sought, with an accompanying itemization. The fee application instruction adds in the next sentence: “The [applicant] shall also allege that the position of the United States was not substantially justified.”

Petitioner Randall C. Scarborough was the prevailing party in an action against the Department of Veterans Affairs for disability benefits. His counsel filed a timely application for fees showing Scarborough’s “eligibility] to receive an award” and “the amount sought, including [the required] itemized statement.” § 2412(d)(1)(B). But counsel failed initially to allege, in addition, that “the position of the United States was not substantially justified.” Pointing to that omission, the Government moved to dismiss the fee application. Scarborough’s counsel immediately filed an amended application adding that the Government’s opposition to the underlying claim for benefits “was not substantially justified.” In the interim between the initial filing and the amendment, however, the 30-day fee application filing period had expired. For that sole reason, the United States Court of Appeals for Veterans Claims granted the Government’s [406]*406motion to dismiss the application and the Federal Circuit affirmed that disposition.

Scarborough’s petition for certiorari presents this question: May a timely fee application, pursuant to § 2412(d), be amended after the 30-day filing period has run to cure an initial failure to allege that the Government’s position in the underlying litigation lacked substantial justification? We hold that a curative amendment is permissible and that Scarborough’s fee application, as amended, qualifies for consideration and determination on the merits.

I

A

Congress enacted EAJA, Pub. L. 96-481, Tit. II, 94 Stat. 2325, in 1980 “to eliminate the barriers that prohibit small businesses and individuals from securing vindication of their rights in civil actions and administrative proceedings brought by or against the Federal Government.” H. R. Rep. No. 96-1005, p. 9; see Congressional Findings and Purposes, 94 Stat. 2325, note following 5 U. S. C. § 504 (“It is the purpose of this title ... to diminish the deterrent effect of seeking review of, or defending against, governmental action . . . .”). Among other reforms, EAJA amended 28 U. S. C. §2412, which previously had authorized courts to award costs, but not attorney’s fees and expenses, to prevailing parties in civil litigation against the United States. EAJA added two new prescriptions to §2412 that expressly authorize attorney’s fee awards against the Federal Government. First, § 2412(b) made the United States liable for attorney’s fees and expenses “to the same extent that any other party would be liable under the common law or under the terms of any statute which specifically provides for such an award.” Second, § 2412(d) rendered the Government liable for a prevailing private party’s attorney’s fees and expenses in cases in which suit would lie only against the United States or an [407]*407agency of the United States. This case concerns the construction of § 2412(d).

Congress initially adopted § 2412(d) for a trial period of three years, Pub. L. 96-481, § 204(c); in 1985, Congress substantially reenacted the measure, this time without a sunset provision, Pub. L. 99-80, 99 Stat. 183. See id., § 6(b)(2), 99 Stat. 186. Congress’ aim, in converting § 2412(d) from a temporary measure to a permanent one, was “to ensure that certain individuals, partnerships, corporations ... or other organizations will not be deterred from seeking review of, or defending against, unjustified governmental action because of the expense involved.” H. R. Rep. No. 99-120, p. 4.

Section 2412(d) currently provides, in relevant part:

“(d)(1)(A) Except as otherwise specifically provided by statute, a court shall award to a prevailing party other than the United States fees and other expenses, in addition to any costs awarded pursuant to subsection (a),[1] incurred by that party in any civil action (other than cases sounding in tort),. . . brought by or against the United States in any court having jurisdiction of that action, unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust.
“(B) A party seeking an award of fees and other expenses shall, within thirty days of final judgment in the action, submit to the court an application for fees and other expenses which shows that the party is a prevailing party and is eligible to receive an award under this subsection, and the amount sought, including an itemized statement from any attorney or expert witness . .. stating the actual time expended and the rate at which fees and other expenses were computed. The party [408]*408shall also allege that the position of the United States was not substantially justified.”

Section 2412(d)(1)(A) thus entitles a prevailing party to fees absent a showing by the Government that its position in the underlying litigation “was substantially justified,” while § 2412(d)(1)(B) sets a deadline of 30 days after final judgment for the filing of a fee application and directs that the application shall include: (1) a showing that the applicant is a prevailing party; (2) a showing that the applicant is eligible to receive an award (in Scarborough’s case, that the applicant’s “net worth did not exceed $2,000,000 at the time the civil action was filed,” § 2412(d)(2)(B)); and (3) a statement of the amount sought together with an itemized account of time expended and rates charged. The second sentence of § 2412(d)(1)(B) adds a fourth instruction, requiring the applicant simply to “allege” that the position of the United States was not substantially justified.

B

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Cite This Page — Counsel Stack

Bluebook (online)
541 U.S. 401, 124 S. Ct. 1856, 158 L. Ed. 2d 674, 2004 U.S. LEXIS 3234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scarborough-v-principi-scotus-2004.