Trending...
- New Jersey Sober Living Opens New Luxury Themed Facility in South New Jersey
- Hawaii Bill Marks Progress in Protecting Patients From Dangerous Restraint Practices
- Don't Let Joint Pain Derail Your New Year's Goals
Holding Government Experts to Recognized Standards and Best Practices
HERNDON, Va. - Virginir -- On July 11th, ASA filed an amicus brief with the Supreme Court supporting petitioners Bowers & Kubota Consulting in their effort to recover attorneys' fees and costs from the government under the Equal Access to Justice Act (EAJA).
The crux of the petitioner's claim centers on the sole reliance of the Department of Labor on expert witness reports and testimony that were rejected by lower courts. The petitioners claim that since the expert's report and testimony were the government's sole basis, the government was not "substantially justified" in bringing the litigation and the costs and fees of Kubota & Bowers defense should have been awarded under EAJA. Both the district court and the ninth Circuit disagreed, applying a standard for EAJA recovery out of step with other federal circuits.
More on virginir.com
ASA's interest in the case has two components:
ASA wishes to thank their counsel, Jacob D. Rhode, Michael L. Scheier, and Mollie A. Miller Redlinger of Keating Muething & Klekamp for their outstanding work on the brief, as well as volunteer members of ASA's Business Valuation discipline, Jeff Tarbell, Matt Crow, Ken Pia, Patrice Radogna and Business Valuation Committee Chair, Ron Seigneur for contributing their time and expertise to the brief's development. To read the entire amicus brief, visit https://bit.ly/3WrVv4R.
The crux of the petitioner's claim centers on the sole reliance of the Department of Labor on expert witness reports and testimony that were rejected by lower courts. The petitioners claim that since the expert's report and testimony were the government's sole basis, the government was not "substantially justified" in bringing the litigation and the costs and fees of Kubota & Bowers defense should have been awarded under EAJA. Both the district court and the ninth Circuit disagreed, applying a standard for EAJA recovery out of step with other federal circuits.
More on virginir.com
- Aterna AI Introduces Automated Investing Software for Entrepreneurs Focused on Reliable Growth
- Rutgers University Student Wins "New Jersey's Top Student Entrepreneur" in EO's Global Student Entrepreneur Awards
- Global Digital Currency & Wealth Management Leader; Breakout 388% FY2025 Revenue Growth Over $19.7 Million: Metalpha Technology (Stock Symbol: MATH)
- InterMountain Opens Urban Inspired Aloft Sacramento Airport Natomas
- History Matters: Book Recommendations for February
ASA's interest in the case has two components:
- Where expert testimony is the only underpinning of the government position in support of litigation against private parties, that these experts adhere to generally accepted professional standards, principles and best practices – and that where they fall short of these expectations, that courts do not accept government expert testimony; and,
- If courts find government expert testimony and reports unreliable, that defendants are able to seek fee and cost recovery under a consistent application of EAJA.
ASA wishes to thank their counsel, Jacob D. Rhode, Michael L. Scheier, and Mollie A. Miller Redlinger of Keating Muething & Klekamp for their outstanding work on the brief, as well as volunteer members of ASA's Business Valuation discipline, Jeff Tarbell, Matt Crow, Ken Pia, Patrice Radogna and Business Valuation Committee Chair, Ron Seigneur for contributing their time and expertise to the brief's development. To read the entire amicus brief, visit https://bit.ly/3WrVv4R.
Source: ASA
Filed Under: Business
0 Comments
Latest on virginir.com
- Andre Kay Honored with Black Excellence Award by the Florida Panthers
- Wide range of dental care products at upto 40% discounted prices | DentistryDeal.com
- NaturismRE, ANF, and GNA Stand United for Naturist Rights in Australia – A Call for Global Support
- Volante of Hanover Expands with the Opening of Its Second Building, Introduces Assisted Living Services
- Talent Concierge® Artists Agency and The Big Talk® Announce Game-Changing Partnership Challenging Status Quo in the Meetings Industry
- FlyBright Pilot Academy Partners with Allegiant Air to Address the Pilot Shortage
- BEPeterson Building Engineering Partnerships
- WonderDays: The Startup Disrupting the UK Gifting Industry
- RE1 Advisor Expands Services to Texas
- Uhland Pop Shop Launches February 11, 2025, Bringing Local Pride to Uhland, TX
- Partnerships to Launch Digital Entertainment Hub in China; $40 Million Investment into Global MOBA Digital Game Arena: NIP Group (Stock Symbol: NIPG)
- Sip Social Co. Brings Refreshing Energy to the Miami Marathon Finish Festival with FP Movement
- Igniting Souls® and EOS Worldwide® Launch EOS Impact™: The Exclusive Publishing Collaboration for 850+ EOS Implementers
- Ceramic Liberty Unveils CL8Y: A Revolutionary Deflationary Memecoin Set to Redefine DeFi
- Don't Let Joint Pain Derail Your New Year's Goals
- International Women's Day Gala to Celebrate Women's Achievements and Support Fire Survivors
- Sidow Sobrino Unleashes Bite After Bite, a Captivating Music Video & Song from His 12th Studio Album, Seminal
- New Jersey Sober Living Opens New Luxury Themed Facility in South New Jersey
- Hawaii Bill Marks Progress in Protecting Patients From Dangerous Restraint Practices
- All me - secure anonymous social - kickstarter crowdfunding