CRAWFORD FITTING CO. ET AL.
v.
J. T. GIBBONS, INC.; AND CHAMPION INTERNATIONAL CORP. V. INTERNATIONAL WOODWORKERS OF AMERICA, AFL-CIO, CLC, ET AL.
CRAWFORD FITTING CO. ET AL.
J. T. GIBBONS, INC.; AND CHAMPION INTERNATIONAL CORP. V. INTERNATIONAL WOODWORKERS OF AMERICA, AFL-CIO, CLC, ET AL.
479 U.S. 1080
Supreme Court of the United States (1987)
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Cited by 5 cases
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Cleo D. Mathis & Vico Prods. Mfg. Co., Inc. v. Spears, 857 F.2d 749 (Fed. Cir. 1988)…their full expert witness fees, and I join the court’s affirmance of that award. I also agree with the court that there was fair basis for Mathis raising this question on appeal, particularly in view of Crawford Fitting Co. v. J.T. Gibbons, Inc., 479 U.S. 1080, 107 S.Ct. 2494, 96 L.Ed.2d 385 (1987), wherein the Court held in a FELA action that “when a prevailing party seeks reimbursement for fees paid to its own expert witnesses, a federal court is bound by the limits of § 1821, absent contract or explici…1 / 2
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Tatanka Sapanajin v. Gunter, 857 F.2d 463 (8th Cir. 1988)…ontention is that the District Court erred in ordering it to pay SapaNajin’s expert witness $100 in fees. Appellant claims the award is in excess of the amount allowable under 28 U.S.C. § 1821, $30.00. See Crawford Fitting Co. v. J.T. Gibbons, Inc., 479 U.S. 1080, 107 S.Ct. 2494, 96 L.Ed.2d 385 (1987). However, the $100 award was not made as a taxation of costs pursuant to 28 U.S.C. § 1821, but as an expense under 42 U.S.C. § 1988. The cap on fees set out in Crawford Fitting thus does not apply. Id. 107 S.Ct…
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Ageloff v. DELTA Airlines Inc., 860 F.2d 379 (11th Cir. 1988)…ss fees in excess of the statutory per diem fee as taxable costs. Kivi v. Nationwide Mutual Ins. Co., 695 F. 2d 1285 (11th Cir.1983). But all is set at naught by the Supreme Court’s decision in Crawford Fitting Company, et al. v. J.T. Gibbons, Inc., 479 U.S. 1080, 107 S.Ct. 2494, 96 L.Ed.2d 385 (1987). We reverse the allowance of these expert witness fees. AFFIRMED IN PART. REVERSED IN PART. AND QUESTIONS CERTIFIED. . Section 768.21(6) provides: [t]he decedent’s personal representative may recover for…
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