The following excerpt is from Quinlivan v. Sullivan, 916 F.2d 524 (9th Cir. 1990):
Quinlivan's request for attorney's fees is denied. The Secretary's argument, although unsuccessful, had a reasonable basis in fact and law. Attorney's fees will not be awarded where the government's position was substantially justified. See Foster v. Tourtellotte, 704 F.2d 1109, 1111-12 (9th Cir.1983).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.