TaxationOfCosts Archives

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February 8, 2017

ESI Discovery Costs Denied, Not Allowed As Taxable Costs in ERISA Lawsuit

Medina et. al. v. Catholic Health Initiatives, et. al., Case No. 13-01249 (D. Colo., Jan. 17, 2017) was a class action lawsuit filed against Catholic health care systems. The Plaintiffs alleged that the Defendants’ health plans did not qualify as a church health plans under ERISA requirements, and therefore, Defendants failed to meet funding and

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October 10, 2016

Plaintiffs Awarded eDiscovery Costs as Nontaxable Section 1988 Expenses for Prosecuting Civil Rights Violations

In Thorncreek Apartments I, LLC et. al. v. Village of Park Forest et. al., Consolidated Case Nos. 08-869, 08-1225, 08-4303 (N.D. Ill., Aug. 29, 2016), a set of consolidated cases related to zoning and building code violations as well as housing discrimination, a jury found in favor of Plaintiffs on certain claims and in favor

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August 22, 2016

Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case

In the patent infringement case Apeldyn Corp. v. Sony Corp., et. al., Consolidated Case Nos. 11-440 and 11-581 (D. Delaware, July 28, 2016), Defendants prevailed on summary judgment and submitted a proposed eDiscovery cost award as the prevailing party pursuant to FRCP 54(d), consistent with the costs listed under 28 USC § 1920. The parties disputed

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July 26, 2016

Cost Shifting/Taxation of Costs for eDiscovery Expenses: A Case Update

Litigation is expensive, particularly when the parties do not plan comprehensive eDiscovery strategies, are unprepared to handle extensive electronic data, or become engaged in drawn-out discovery disputes. In federal cases, the prevailing party to a civil action can recover some costs associated with the litigation expenses from the losing party, subject to review by the

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June 10, 2016

Federal Circuit Affirms Taxation of Costs For Certain eDiscovery

In Deere & Co. v. Duroc, LLC et. al., Case No. 14-1697 (Fed. Cir., May 26, 2016) Plaintiff sued Defendants for patent infringement. Ultimately, the court entered summary judgment in favor of both Defendants and ordered costs to be assessed against Plaintiff. After Defendants submitted their bill of costs, the court assessed the taxation of

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April 4, 2016

Third Circuit Considers Application of 28 USC Section 1920 to ESI Costs

In Camesi et. al. v. University of Pittsburgh Medical Center et. al., Case No. 15-1865 (3rd Cir., Mar. 21, 2016), class action Plaintiffs sued Defendants for violations of the FLSA. After the class was conditionally certified, a long discovery period commenced, marked by a heated dispute regarding Plaintiffs’ request for certain electronically stored information (ESI).

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February 24, 2016

Taxable ESI Costs the Final Dispute in Procaps v. Patheon Litigation

The multi-million dollar antitrust case Procaps S.A. v. Patheon, Inc., Case No. 12-24356 (S.D. Florida, Feb. 2, 2016) has finally ended by entry of summary judgment in favor of Defendant after a protracted and litigious discovery period (read more about these disputes on our blog here, here and here). As the prevailing party, Defendant filed

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December 14, 2015

Fifth Circuit Upholds Taxation of eDiscovery Costs in Qui Tam Case

In U.S. ex. rel. Long v. GSD & M Idea City, LLC, Case No. 14-11049 (5th Cir., December 1, 2015), Plaintiff lost his qui tam case against Defendant and was taxed Defendant’s costs by the District Court. Plaintiff appealed the costs to the Fifth Circuit, complaining that the District Court had abused its discretion in

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December 9, 2015

Court Orders $300K in eDiscovery Costs to Plaintiffs

Jo Ann Howard & Associates, P.C. et. al. v. Cassity et. al., Case No. 09-01252 (E.D. Mo., Nov. 20, 2015), a receivership case, involves claims of violations of RICO and the Lanham Act as well as certain state-law tort claims against over 40 Defendants. Plaintiffs received a favorable jury verdict against Defendant PNC Bank and sought recovery

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November 25, 2015

Compilation of Email and Electronic Data Included in Bill of Costs?

In Bumpers v. Austal USA, LLC, Case No. 08-00155 (S.D. Al., Nov. 5, 2015), judgment was entered in favor of Defendant. As the prevailing party, Defendant filed a bill of costs, which included production costs. Plaintiff objected to the bill of costs. The clerk then taxed the Bill of Costs, and Defendant filed a Motion

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