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U.S. Court of Appeals for the 9th Circuit

Mar. 16, 2012

Court says cost awards should be based on total circumstances

Losing litigants in federal civil cases aren't automatically liable for the prevailing party's costs, a 9th U.S. Circuit Court of Appeals panel held Wednesday.


By John Roemer


Daily Journal Staff Writer


Losing litigants in federal civil cases aren't automatically liable for the prevailing party's costs, a 9th U.S. Circuit Court of Appeals panel held Wednesday.


The panel announced a new rule instructing trial judges to consider the total circumstances of a case before making costs awards.


Voting 3-0, the panel vacated a $272,000 costs award to defendants who won summary judgment again...

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