“May a timely fee application, pursuant to [28 U.S.C.] § 2412(d), be amended after the 30–day filing period has run to cure an initial failure to allege that the Government’s position in the underlying litigation lacked substantial justification?”
“We hold that a curative amendment is permissible and that Scarborough’s fee application, as amended, qualifies for consideration and determination on the merits.”
