Monthly Archives: January 2026

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 toContinue reading “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”

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 theContinue reading “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”