QUESTION
What defines a "prevailing party" in Administrative Law?
Asked on Feb 28th, 2014 on Business Law - Ohio
More details to this question:
If one appeals a government decision. Then appeals that decision to the appropriate appellate.That appellate accepts the appeal and states it will be processed. Does that create prevailing party status satisfactory to the guidelines of the Equal Access to Justice Act Small Business Regulatory Enforcement Act of 1996?
1 ANSWER
I'm not familiar with the statute, but still feel comfortable answering no. All that happened (if I understand you correctly) is that the court accepted the appeal. It doesn't mean that you won the appeal.
Answered on Feb 28th, 2014 at 1:16 PM