Author: Vivian S. Chu
In recent years, there have been claims that the Equal Access to Justice Act (EAJA) has been abused by nonprofit groups who sue the federal government and subsequently recover attorneys? fees at the expense of taxpayers. As described in part I, EAJA serves as a “catch-all” fee-shifting statute that permits a private individual, who is a prevailing party, to recover attorneys? fees from the United States in both agency adjudications and judicial proceedings. EAJA, however, limits who may be eligible to recover attorneys? fees and also places a cap on the hourly rate attorneys may charge.