CIT Wrong To Deny Fees To Shinyei, Fed. Circ. Rules

Law360, New York (October 22, 2010, 6:07 PM EDT) -- A federal appeals court has chastised the U.S. Court of International Trade for abusing its discretion when it denied importer Shinyei Corp. of America an award of attorneys' fees under the Equal Access to Justice Act.

The trade authority was wrong to determine that the government's position in the case was substantially justified, ruled a panel of judges on Oct. 22 in the U.S. Court of Appeals for the Federal Circuit.

Judge Kimberly A. Moore wrote the ruling, with Judges Sharon Prost and Pauline Newman concurring....
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