First Two Nonrecoverable Items, in Ninth Circuit Ruling, Depart From Federal Appeals Court Determinations to the Contrary.
The Ninth Circuit in Kalitta Air L.L.C. v. Central Texas Airborne System Inc., Case No. 13-15015 (9th Cir. Dec. 19, 2013) (published) decided that “taxable” routine costs do not include (1) pro hac vice admission fees, and (2) deposition editing/synchronization expenses, disagreeing with other federal appeals courts coming to opposite conclusions. However, the Ninth Circuit did affirm the award of retainers/fees to graphic consultants to the winner.
BLOG UNDERVIEW–The term “taxable costs” in federal practice parlance means costs which can be recovered. This is different than the concept in state courts, given that a motion to tax costs means that claimed routine costs cannot be recovered.