Untimely Filing Costs Successful Plaintiff its Costs


In July of 2012, the Federal Circuit largely affirmed a decision by the CFC to award over $10.6 million in breach of contract damages stemming from the Government’s failure to accept spent nuclear fuel from the owners of the Wolf Creek Generating Station in Coffey County, Kansas. On remand, the CFC entered a revised judgment in favor of the utility companies.

Under the CFC’s Rules, costs to the prevailing party are recoverable if the bill of costs is filed within 30 days of final judgment. But in this case, an unusual procedural wrinkle arose—the Federal Circuit had not remanded the case back to the CFC before the CFC entered its revised judgment. So the utility companies reasoned that the time to file an appeal was 90 days—the period of time in which the Government could file a petition for certiorari to the U.S. Supreme Court—from the entry of the CFC’s final judgment.

But the trial court held that the bill of costs was due much earlier.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Nancie G. Marzulla, Marzulla Law, LLC | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »


Reporters on Deadline

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.