Position of the United States Law and Legal Definition

Position of the United States refers to the legal position of the federal government in a lawsuit, especially in a case involving the Equal Access to Justice Act. Under the Equal Access to Justice Act, the reasonableness of the position in light of precedent determines the government’s liability to the opposing party's attorney's fees. The Equal Access to Justice Act provides for the award of attorney fees and other expenses to eligible individuals and small entities that are parties to litigation against the government.