Cases: Costs

Costs/Discovery:  Expenses For Activities Associated With Production Of Electronically Stored Documents Properly Awarded As Discretionary Costs Under CCP § 1033.5(c)

Cases: Costs, Cases: Discovery

$150,449.49 Was Costs Award To The Successful Defendant.             Litigators at both the federal and state levels are fully aware of the expense which has been added to litigation based on having to produce electronically documents/information in cases (also known as “ESI”).  The next opinion demonstrates that ESI expenses can be recouped by a successful […]

Costs/Intellectual Property:  Ninth Circuit, In 2-1 Opinion, Affirms Denial Of Costs To Successful Defendants/Counterclaimants And Apportionment Of Costs Between Two Sides In Well-Publicized Case Involving Copyright Infringement Dispute

Cases: Costs, Cases: Intellectual Property

Dispute Involved Pharrell Williams’ “Blurred Lines” And Marvin Gaye’s “Got To Give It Up.”             The Ninth Circuit in Williams v. Gaye, Case Nos. 15-56880 et al. (9th Cir. Mar. 21, 2018) (published) faced having to resolve an appeal of the case by which Pharrell Williams’ 2013 song “Blurred Lines” was found to have infringed

Costs/Prevailing Party: Parsons Was Prevailing Party In Qui Tam Action So As To Be Entitled To Routine And Expert Witness Costs Awardable Against MTA

Cases: Costs, Cases: Prevailing Party

Prior Settlement Agreement Between Parties Did Not Preclude Later Costs Award.             In L.A. County MTA v. Parsons-Dillingham Metro Rail, Case No. B265863 (2d Dist., Div. 7 Feb. 26, 2018) (unpublished), Parsons was the prevailing party under a false claims count in a qui tam action.  Earlier, Parsons and MTA had reached a settlement agreement

Costs:  Clerk’s Premature Entry Of Costs Award Stricken As A Matter Of Law

Cases: Costs

Procedural Requirements Did Guide This Result.             In Fichter v. Byrd, Case No. B270418 (2d Dist., Div. 4 Feb. 27, 2018) (unpublished), the appellate court, as a matter of law, decided to strike a $729.11 costs award to prevailing plaintiffs through a clerk’s entry on plaintiffs’ judgment.  The reason?  Costs were awarded before the time

Costs:  Attorney’s Fees Not Recoverable Under Federal Rule Of Appellate Procedure 39 Even When Underlying Federal Fee-Shifting Statute Defines Costs As Including Fees

Cases: Costs

Second Circuit Court Of Appeals Decides Issue In Civil Rights Context.             In Hines v. City of Albany, 862 F.3d 215 (2d Cir. 2017), the Second Circuit decided that appellate attorney’s fees for a successful civil rights plaintiff were not recoverable under Federal Rule of Appellate Procedure 39 as costs, even where an underlying fee-shifting

Costs:  Plaintiff Winning In An Arbitration But Dismissing Renewed Litigation Against Various Defendants, Liable For Routine Costs Of $51,343.66

Cases: Costs

No Exceptions Applied, Including DeSaulles Exception.             Although occurring in a somewhat convoluted procedural context, Brewer v. Balda Investments USA, Case No. G054349 (4th Dist., Div. 3 Jan. 30, 2018) (unpublished) reminds us that routine costs awards are governed by structural statutes which may be automatic when dismissals are involved, with the exceptions being few

Costs/Employment:   Several California District Judges Deny Recovery Of Routine Costs To Prevailing Defendants In Wage/Hour Cases

Cases: Costs, Cases: Employment

Financial Disparity Is One Of The Big Factors Weighed.             So you represented defendants which/who successfully obtained summary judgment in a plaintiffs’ wage/hour class action case.  You move for recovery of routine costs under Federal Rule of Civil Procedure and 28 U.S.C. § 1920.  Question is:   Will you get them?  Maybe not.             The reason

Civil Rights/Costs:  Trial Judge Properly Granted Losing Plaintiff’s Motion To Tax Costs With Respect To Prevailing Defendant In Case Involving FEHA/Non-FEHA Claims

Cases: Civil Rights, Cases: Costs

$68,382.38 In Costs Not Allowed To Defense Is The Upshot.             In Smith v. Sharp Healthcare, Case No. D069206 (4th Dist., Div. 1 Dec. 22, 2017) (unpublished), plaintiff lost a case with both FEHA and non-FEHA claims, with the defense filing a costs memorandum seeking $68,382.38 after plaintiff rejected a CCP § 998 offer of

Costs:  Defendants Allegedly Failing To Meet And Confer Pursuant To Demurrer-Mandated Process Still Entitled To Routine Costs After Defeating Complaint Through A Dismissal

Cases: Costs

Denial Of Costs Is Not A Sanction Prescribed For Failing To Meet And Confer.             By now, most California litigators are well aware of Code of Civil Procedure section 430.41, which requires that a demurring party must meet and confer in person or by telephone with a party whose pleading is the subject of a

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