Equal Access to Justice Act
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The Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, establishes that a prevailing plaintiff is entitled to recover attorneys' fees for time spent responding to defenses asserted by the government which are not substantially justified. Martin v. Lauer, 238 U.S. App. D.C. 286, 740 F.2d 36, 48 (1984). See also Cinciarelli v. Reagan, 234 U.S. App. D.C. 315, 729 F.2d 801, 805 (D.C. Cir. 1984) ("if some but not all of the government's defenses are substantially justified the prevailing party should be compensated for combating those that are not").