Costs: District Judge’s Denial Of Costs Requested Vacated With Respect To Prevailing RICO Defendant

Unexplained Denial Was Erroneous.

     In Harrington v. EquiTrust Life Ins. Co., Case No. 12-17267 (9^th Cir. Feb. 24, 2015) (published), defendant prevailed on RICO claims through a summary judgment motion, but the district judge denied costs—providing no explanation for the denial. The Ninth Circuit affirmed the summary judgment grant, but reversed the costs denial and remanded for the district judge to either award costs or state reasons for denying them. Reason? The district judge must provide an explanation for denying costs to a prevailing party. (Ass’n v. Mex.-Am. Educators v. California, 231 F.3d 572, 591-593 (9^th Cir. 2000) (en banc).