Fed. R. Civ. P. 54(d)(1) – Paul Mollica's Federal Courts Blog

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”