Cases: Costs

Costs, Deadlines: Where Matter Is Reversed On Appeal And Remanded, Clock Reset For Trial Court Costs Motion Depending On What Happens On Remand

Cases: Costs, Cases: Deadlines

40-Day Post-Remittitur Period Did Not Govern.             In Mangine v. Ball, Case Nos. B285059/B286055 (2d Dist., Div. 7 March 25, 2019) (unpublished), tenant lost a case for failure to maintain her rental unit in line with building codes. The prevailing party filed for routine costs, with the trial court rejecting the tenant’s motion to tax […]

Costs, Requests For Admissions: In Trip And Fall Case Resolved Against Plaintiff On Summary Judgment, Trial Court Correctly Denied “Proof of Costs” Sanctions For RFA Denials And Properly Taxed Costs To Defense To Some Degree

Cases: Costs, Cases: Requests for Admission

Mathematical Error In Costs Award Corrected, But Nonparty Could Not Be Added As Joint Obligor On Costs Award.             Sailors v. City of Fresno, Case No. F075577 (5th Dist. March 20, 2019) (unpublished) (there are two other unpublished consolidated cases, but the results are the same) involved a plaintiff suffering severe injuries in a trip

COSTS, INTELLECTUAL PROPERTY: SCOTUS Decides That Litigation Expenses Are Not Recoverable By Prevailing Copyright Infringement Plaintiff Unless Covered By General Federal Costs Statutes

Cases: Costs, Cases: Intellectual Property

$12.8 Million Litigation Expense Award Remanded For A Re-Do.        In Rimini Street, Inc. v. Oracle USA, Inc., No. 17-1625 (U.S. March 4, 2019), the U.S. Supreme Court considered whether a $12.8 million litigation expense award—inclusive of expert witness, e-discovery, and jury consulting expenses—was properly found by a district court to be a justifiable award

Costs, Mediation: Co-Contributor Marc’s Article On Cost-Shifting In Mediation Is In The January 29, 2019 Daily Journal

Cases: Costs, Cases: Mediation

Mike & Marc Have Previously Posted About Berkeley Cement v. Regents Of The University of California.     Co-contributor Marc's article entitled "Cost-shifting in mediation after Berkeley Cement ruling" appears today, in the January 29, 2019 Daily Journal. If you subscribe to the Daily Journal, then you can access the article on-line. Or you can read a

Costs, Employment: Third Circuit Court Of Appeals Affirms $319,655.80 Costs Award Against Named FLSA Plaintiffs For ESI Vendor TIFF Conversion And Platform Loading Production Activities

Cases: Costs, Cases: Employment

Federal Appellate Court Dismisses Arguments That Costs Recovery Not Allowable Under FRCP Or FLSA, Or Was An Abuse of Discretion Under The Circumstances.            This next case is a harbinger for risk advice which plaintiff litigators should provide to putative Fair Labor Standards Act (FLSA) plaintiff clients, because these clients could be liable for certain

Costs, Mediation: Fifth District Indicates, Quite Strongly, That Private Mediator Fees Are A Prime Candidate For Routine Costs Recovery In A Voluntary Mediation Situation

Cases: Costs, Cases: Mediation

Court-Ordered Mediation Alone Should Not Determine If Costs Recoverable; However, Expert Witness Expenses Not Ordered By Lower Court Were Not Recoverable.             The Fifth District, in Berkeley Cement, Inc. v. Regents of the University of California, Case Nos. F073455/F073586 (5th Dist. Jan. 7, 2019) (partially published; expert fee costs discussion not published; mediation costs discussion

Costs: Prevailing Party, Through Supplemental Declaration And Spreadsheet From Expert, Cured Prior Deficiencies And Garnered $4,000 For Amounts Actually Paid To Expert

Cases: Costs

Trial Court’s Second Chance To Prevailing Party Resulted In Costs Award.             Once a prevailing party establishes that a cost item is recoverable (listed in CCP § 1033.5 or by statute, such as expert witness fees when a CCP § 998 shifting is triggered), the amount of the costs awarded is usually a discretionary call

Costs: Defendant Winning One Dollar In Heavily Contested Case Was The Prevailing Party With Net Monetary Recovery For Purposes Of Routine Costs Award

Cases: Costs

Loser Provided No Authority That Pre-Litigation Payments Could Be Factored Into The Costs Calculus.        Young Man Deposits Dollar Bill at Bank Teller's Window                 Defendant in a heavily contested contract case won $1 on its contract claim against a non-prevailing party. That was enough to justify an award of routine costs of the defendant

Costs: Order Awarding Or Taxing Costs After Voluntary Dismissal Without Prejudice Is Appealable, With 4/2 DCA Agreeing With 4/3 DCA In Split Of Opinion On Subject

Cases: Costs

However, Costs Award Against Plaintiff’s Counsel Was Void Because Routine Costs Not Normally Allowable Against Counsel.             The 4/2 DCA, in Gassner v. Stasa, Case No. E068058 (4th Dist., Div. 2 Dec. 17, 2018) (partially published), faced a situation where a trial judge awarded costs jointly and severally against a plaintiff and plaintiff’s counsel after

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