Tag Archives: Costs

Corporation Counsel of the City of New York Draws A Rebuke from the Second Circuit for Waiting Two Years to Raise Jurisdictional Standing Issue

In Bochner v. City of New York, No. 23-683 (2d Cir. Oct. 7, 2024), while adopting the city defendants’ argument that the plaintiffs lacked jurisdictional standing, the Second Circuit twits the city’s corporation counsel for waiting two years to raise the issue and—for “failure to exercise reasonable diligence in identifying and raising jurisdictional questions earlyContinue reading “Corporation Counsel of the City of New York Draws A Rebuke from the Second Circuit for Waiting Two Years to Raise Jurisdictional Standing Issue”

Third Circuit Holds That Private Process Server Fees Are Not a Taxable Cost Under Section 1920(1), Adding to a Circuit Split

In Knowles v. Temple Univ., No. 22-2978 (7th Cir. July 26, 2024), the Third Circuit contributes to the circuit split about whether private process-server fees are taxable costs as  “[f]ees of the clerk and marshal” under 28 U.S.C. § 1920(1) and Fed. R. Civ. P. 54(d). The panel holds that they are not taxable, thusContinue reading “Third Circuit Holds That Private Process Server Fees Are Not a Taxable Cost Under Section 1920(1), Adding to a Circuit Split”

Eleventh Circuit Holds That There Can Be No “Prevailing Party” in a Federal Lawsuit for Purposes of Fed. R. Civ. P. 54(d)(1), Adding to Circuit Split

In Royal Palm Properties, LLC v. Pink Palm Properties, LLC, No. 21-10872 (11th Cir. July 7, 2022), the Eleventh Circuit holds that where a case ends in a “split judgment and both parties lost on their claims,”  there can be “no clear winner” and “thus, no prevailing party” for purposes of awarding costs under Fed.Continue reading “Eleventh Circuit Holds That There Can Be No “Prevailing Party” in a Federal Lawsuit for Purposes of Fed. R. Civ. P. 54(d)(1), Adding to Circuit Split”