Denying Rehearing, 9th Circuit Lets Fee Denial Under EAJA Stand In ERISA Case

( January 10, 2024, 12:58 PM EST) -- HONOLULU — After a split panel upheld denial of attorney fees and nontaxable costs under the Equal Access to Justice Act (EAJA) in an employee stock ownership plan (ESOP) case, the Ninth Circuit U.S. Court of Appeals denied a petition for rehearing en banc that an amicus curiae organization argued should have been granted because the U.S. Department of Labor (DOL) took “objectively unreasonable” valuation positions....

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