“This Court in Buckhannon addressed an award of prevailing party attorneys’ fees pursuant to Fair Housing Amendments Act of 1988 and Americans with Disabilities Act of 1990 due to voluntary change in position by the government party. Many courts have extended Buckhannon’s holding to the Equal Access to Justice Act.” 1. “Does Buckhannon apply in fee determinations under the Equal Access to Justice Act?” 2. “Is Government, in this case, a ‘mischievous defendant’ under Buckhannon, warranting an award of attorney’s fees under the Equal Access of Justice Act when Government moved to moot a case by granting all requested relief, after a judicial determination had been made at a lower court, and Government disclosed for the first time information on appeal, which would have provided Government defeat, if known to the Petitioner, at the lower court?” 3. “Does Buckhannon apply in fee determinations under the Equal Access to Justice Act if there is an intervening voluntary reversal in conduct by Government after an initial victory by the Government in a lower court?”
