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.

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