Fed. R. Civ. P. 54(d) – Paul Mollica's Federal Courts Blog

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”

Pro Hac Vice Admission Fees Are Not a Taxable Cost Under 28 U.S.C. § 1920, Holds Seventh Circuit

In Canter v. AT&T Umbrella Benefit Plan, No. 21-1514 (7th Cir. May 11, 2022), the Seventh Circuit holds in an issue of first impression in the circuit that a prevailing defendant may not tax pro hac vice admission fees for out-of-state lawyers as a “cost” under Fed. R. Civ. P. 54(d) and 28 U.S.C. §Continue reading “Pro Hac Vice Admission Fees Are Not a Taxable Cost Under 28 U.S.C. § 1920, Holds Seventh Circuit”

Ninth Circuit Holds That Filing of Fee Petition Under Lanham Act Does Not Toll Period for Filing Notice of Appeal, Splitting with the Seventh Circuit

In Nutrition Distribution LLC V. IronMag Labs, LLC, No. 19-55251 (9th Cir. Aug. 25, 2020), the Ninth Circuit decides – as a matter of first impression for that court – that the filing of a fee petition under Fed. R. Civ. P. 54(d) in a Lanham Act case does not extend the 30-day limitations periodContinue reading “Ninth Circuit Holds That Filing of Fee Petition Under Lanham Act Does Not Toll Period for Filing Notice of Appeal, Splitting with the Seventh Circuit”