Perspective
Oct. 3, 2014
Two plaintiffs walk into court...
Two plaintiffs go to trial together. One loses and one wins. Is the "prevailing" defendant entitled to collect prejudgment costs from the plaintiff who lost? By Paul D. Fogel and Brian A. Sutherland
Two plaintiffs go to trial together. One loses and one wins. Is the defendant the "prevailing party" entitled to collect prejudgment costs from the plaintiff who lost, even though the other plaintiff won against that defendant?
The answer depends on whether the two plaintiffs share a "unity of interest," according to the 4th District Court of Appeal, Division 3 in Ducoing Management Inc. v...
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