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S.D. Fla.·
2020-09-02
An offer of judgment containing a general release that is overly broad and fails to state all terms with particularity is invalid under Florida law, precluding the offeror from recovering attorney's fees and costs under Fla. Stat. § 768.79.
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M.D. Fla.·
2020-06-03
The court granted the plaintiff's motion for nominal damages and post-judgment interest, but denied pre-judgment interest and required the plaintiff to follow proper procedure for seeking costs.
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S.D. Fla.·
2020-05-26
The court denied motions for attorney's fees and costs without prejudice, deferring resolution until after the pending appeal is decided.
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M.D. Fla.·
2020-04-15
A sub-subcontractor's dispute over a bonded-off construction lien for welding work resulted in summary judgment in favor of the sub-subcontractor against both the surety insurance company and the general contractor, with the court awarding $228,064.25 in attorneys' fees and $9,89
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M.D. Fla.·
2020-03-25
A federal court that dismisses a case for lack of subject matter jurisdiction also lacks jurisdiction to award attorneys' fees based on a state statute.
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M.D. Fla.·
2019-11-13
The court held that Florida's Offer of Judgment rule does not apply to claims governed by California law, even if tried in Florida, but awarded costs under Federal Rule of Civil Procedure 54(d).
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121 La. 21·
N.D. Fla.·
2019-04-03
The court determined the reasonable attorney's fees and costs by calculating the lodestar based on a reasonable hourly rate and adjusted hours, then reducing it for partial success, and awarding only allowable costs.
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77 F. Supp. 838·
S.D. Fla.·
2013-06-12
The court adopted the magistrate's recommendation to award costs to the prevailing defendant, taxing specific deposition and photocopy expenses.
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810 F. Supp. 2d 1302·
N.D. Fla.·
2011-05-16
An interpleader plaintiff is entitled to recover reasonable attorney's fees and costs from the stakeholder fund, even if the amount of the fund is limited, provided the plaintiff did not cause the conflicting claims, was disinterested, and acted in good faith.
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417 F. Supp. 2d 1304·
M.D. Fla.·
2006-02-28
The court held that while plaintiffs were prevailing parties, the government's position was substantially justified, thus denying EAJA fees, but awarded limited costs for filing fees.
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148 F. Supp. 337·
M.D. Fla.·
2005-07-13
The court denied defendants' and plaintiffs' motions for attorneys' fees and costs, finding no entitlement under federal rules, inherent power, or Florida statute, and that neither party fully prevailed.
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877 F. Supp. 546·
M.D. Fla.·
1997-04-09
The court held that the defendant was not entitled to attorneys' fees and costs because the plaintiffs' litigation was not frivolous, unreasonable, or without foundation.
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997 F.2d 364·
7th Cir.·
1993-07-01
A motion for Rule 68 costs is not a substantive Rule 59(e) motion, thus the plaintiffs' notice of appeal was timely. The trial court did not abuse its discretion in denying a mistrial or in allowing impeachment of an expert witness.
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994 F.2d 956·
1st Cir.·
1993-06-04
The court held that while mandatory cost-sharing assessments are not recoverable under Rule 54(d), district courts have the authority to reallocate such expenses post-judgment based on equitable principles and derived benefits.
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983 F.2d 40·
5th Cir.·
1993-02-08
An appeal of a costs award is timely if filed within thirty days of the clerk taxing the costs, and federal procedural rules, not state substantive law, govern the award of costs in diversity cases.
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984 F.2d 410·
Fed. Cir.·
1993-01-08
The court held that a judgment notwithstanding the verdict (JNOV) was improper without a prior motion for a directed verdict, but this error was harmless. The court also affirmed the denial of enhanced damages, attorney fees, and costs, and found no prejudicial error in the jury
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976 F.2d 1274·
9th Cir.·
1992-10-06
The court held that a contract for fabricated steel is a sale of goods under the UCC, and damages should be calculated using the cost of 'cover' for lost items. It also held that the surety was not entitled to a set-off for defective materials due to lack of privity.
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797 F. Supp. 980·
S.D. Fla.·
1992-08-14
The court held that the United States cannot recover the clerk's filing fee if it was not actually paid, and administrative costs are not recoverable under the Debt Collection Act for pre-1982 loan agreements.
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968 F.2d 741·
8th Cir.·
1992-07-07
The court held that the district court erred in awarding attorneys' fees based on a percentage of recovery and remanded for a lodestar calculation, but affirmed the apportionment of liability for those fees.
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930 F.2d 306·
3d Cir.·
1991-04-11
The court held that a bankruptcy court's approval of a trustee's employment of expert witnesses under 11 U.S.C. § 327 does not equate to court appointment under 28 U.S.C. § 1920(6) for the purpose of taxing expert fees as costs against the losing party.
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849 F.2d 702·
1st Cir.·
1988-06-21
A district court may tax costs against a litigant permitted to proceed in forma pauperis, and the exercise of this authority under Rule 54(d) is discretionary.
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713 F.2d 202·
6th Cir.·
1983-08-01
The court held that the Wilhelm patent claims were invalid due to obviousness and affirmed the district court's decision, while also affirming the denial of costs to the prevailing party.
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622 F.2d 851·
5th Cir.·
1980-07-31
The court held that the proper measure of damages for cargo injury is the difference in market value, not just reconditioning costs, when blending does not restore the cargo's original grade or value.
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624 F.2d 7·
3d Cir.·
1980-05-28
The court held that the precedent established in The Texas, which limited the award of bond premium costs, does not survive the adoption of the Federal Rules of Civil Procedure and that district courts may now exercise discretion in awarding such costs.