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District Court Abused Discretion by Failing to Assess $366,461.96 in Expert Witness Fees Against Indigent Named Plaintiffs in Civil Rights Class Action, Holds Eighth Circuit

In Karsjens v. Gandhi, No. 24-2876 (8th Cir. Jan. 7, 2026), the Eighth Circuit holds that the district court abused its discretion by entirely excusing a group of indigent class representatives from contributing to the witness fees for four court-appointed experts. A prevailing party in federal civil litigation is entitled to tax certain costs to…

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On Third Go-Around in Fifth Circuit, Court Holds That Plaintiffs Forfeited a Law-of-the-Case Argument by Not Seeking Rehearing of the Second Panel Decision

In Pool v. City of Houston, No. 24-20138 (5th Cir. Jan. 2, 2026), the Fifth Circuit affirms a post-judgment vacatur of attorney’s fees after the original judgment in plaintiff’s favor was vacated by the Fifth Circuit for lack of subject-matter jurisdiction. While the plaintiffs may have had a valid law-of-the-case argument to otherwise sustain the…

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En Banc Eighth Circuit Holds 6-5 That Being Exposed to a Single DEI Slide “Chilled” Their First Amendment Rights and Thus Conferred Standing to Sue

In Henderson v. Springfield R-12 Sch. Dist., No. 23-1374 (8th Cir. Dec. 30, 2025) (en banc), the Eighth Circuit holds that it was enough for a public employee to establish standing in a First Amendment challenge to a Diversity, Equity, and Inclusion (DEI) program to have been shown a slide during a workplace presentation that…

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