Following reversal and remand, the appellate court should refrain from granting leave to file a motion at the Circuit level for fees under the statute; the District Court is better positioned to judge the matter.
http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0112p-06.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.