FRCP 54(d) Was Basis For the Cost Award in Tenth Circuit Decision.
On Tuesday, May 29, 2012, the United States Supreme Court granted certiorari from the Tenth Circuit’s decision in Marx v. General Revenue Corp., U.S. No. 11-1175, to determine whether a prevailing defendant can be awarded routine costs (not attorney’s fees) against a losing plaintiff in a Fair Debt Collection Practice Act (FDCPA) case where the plaintiff was found to have brought the suit in good faith. The basis for the costs award was FRCP 54(d) (costs and attorney’s fees), while the FDCPA only penalizes losing plaintiffs bringing the suit in bad faith or for harassment purposes.