Megan Marie Teter v. United States Trustee

The Equal Access to Justice Act (“the EAJA”), a remedial statute which abrogates the United States’ sovereign immunity, broadly and unambiguously provides for attorney’s fees to the prevailing party “in any civil action (other than cases sounding in tort) . . . brought by or against the United States in any court having jurisdiction of that action” when the government’s actions are not substantially justified. 28 U.S.C. § 2412(a)(1), and (d)(1)(A) (emphasis added). The Question Presented Is: Whether a contested matter initiated by the United States in a bankruptcy case is a “civil action” within the ambit of the Equal Access to Justice Act, given that Congress expressed that term to apply broadly with the use of the modifier “any” when it described civil actions in the Act?