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EAJA

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AcronymDefinition
EAJAEqual Access to Justice Act
EAJAEastern Africa Journalists Association
EAJAEphrata Area Joint Authority (Pennsylvania)


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86) Of particular note in Ardestani was the Court's restraint in interpreting the plain language of the EAJA in conjunction with a strict construction of waivers of sovereign immunity.
The government argued, and the Federal Circuit agreed, that his claim for fees should be dismissed on the grounds that his omission stripped the Court of Appeals for Veterans Claims (CAVC) of jurisdiction: EAJA is a waiver of sovereign immunity, and so the court only had jurisdiction to hear the claim if every condition was met upon which that waiver was based.
In Pierce, 487 US 552 (1988), the Supreme Court interpreted the special-factor language of the EAJA and concluded: The exception for "limited availability of qualified attorneys for the proceedings involved" must refer to attorneys "qualified for the proceedings" in some specialized sense, rather than just in their general legal competence.
 
 
 
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