Legal Costs

News & Analysis as of

Judge Ends Indirect Purchaser Plaintiffs’ Case in Refrigerant Compressors

Last week, on April 8, 2014, the District Court for the Eastern District of Michigan dismissed the remaining claims of indirect purchaser plaintiffs (IPPs) in the ongoing Refrigerant Compressors litigation. In re:...more

Are Courtroom Technology Costs Reasonably Necessary To The Conduct Of Litigation In California Courts?

As the use of courtroom presentation technology becomes more and more commonplace, courts have had commensurate struggles with assessing its necessity and awarding costs accordingly. A notable issue regarding the scope of...more

Illinois Supreme Court Holds Custody Evaluator's Fees Not Court Costs Under Dismissal Statutes

On Thursday, the Illinois Supreme Court handed down its decision in In re Marriage of Tiballi, answering a question of potential importance to domestic relations practitioners: are the fees of a court-appointed psychologist...more

To Native or Not to Native, That Is the Question

Here at IT-Lex, we write a lot about the form of producing documents. (For instance, see here, here, here, and here) Producing in TIFF format has long been the standard-bearer in electronic discovery, while PDFs are a...more

Are "pro hac vice" counsel entitled to recover costs?

In Kalitta Air LLC v. Central Texas Airborne System Inc., 2013 DJDAR 16393 (2013), the Ninth Circuit Court of Appeals decided a unique issue which other federal circuits have reached different conclusions on. The main issue...more

Disruption From Within

On March 6, 2014, I watched what I could of the live stream webcast (thank you, Harvard Law School) of the Conference on Disruptive Innovation in the Market for Legal Services. The keynote speaker was, to quote Keith Jackson,...more

Regulatory Risk Update - Defendant's Costs in Criminal Proceedings

The ability of companies to recover costs of defending criminal proceedings has been severely restricted by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (the "Act"). CHANGES TO THE LAW - The...more

The Supreme Court Of Canada Seeks To Rein-In Court Costs. A New Approach For Summary Judgment Motions In Ontario

The Supreme Court of Canada has endorsed a new approach in Ontario stating “trials have become increasingly expensive and protracted. Most Canadians cannot afford to sue when they are wronged or defend themselves when they...more

Federal Circuit Clarifies Standard for Recovery of eDiscovery Costs

As many recent litigants know, the costs of eDiscovery can be enormous. Therefore, the ability to recover those costs can have a significant impact on a company’s bottom line – from tens to hundreds of thousands of dollars....more

Reinsurance Redux - Winter 2014

In This Issue: - New York District Court Grants Summary Judgment for Reinsurer Where Insured’s Loss Did Not Reach Attachment Point Necessary to Trigger Coverage: The United States District Court for the Southern...more

E-Discovery Costs Related Specifically to Production Recoverable - CBT Flint Partners, LLC v. Return Path, Inc.

Applying U.S. Court of Appeals for the Eleventh Circuit law and addressing whether e-discovery costs are recoverable under 28 U.S.C. § 1920(4), the U.S. Court of Appeals for the Federal Circuit reversed in part, vacated in...more

Coverage for Investigations and Conflicting Endorsements: Syracuse University Decision is Great for Policyholders

Just before the New Year the New York Appellate Division affirmed in about a dozen words the trial court decision in Syracuse University v. National Union Fire Insurance Co. of Pittsburgh, Pa., No. 2012EF63, slip op. at 2...more

Florida Court Holds Insurer Not Estopped From Denying Pre-Tender Costs

In its recent decision in Embroidme.Com, Inc. v. Travelers Prop. Cas. Co. of Am., 2014 U.S. Dist. LEXIS 7715 (S.D. Fla. Jan. 23, 2014), the United States District Court for the Southern District of Florida had occasion to...more

Court of Appeals Dismisses Plaintiffs for Failure to Preserve and Increases Defendant’s Taxable Costs (5th Circuit)

Moore v. Citgo Co., LP, 735 F.3d 309 (5th Cir. 2013). In this appellate Fair Labor Standards Act litigation, the class of plaintiffs sought overtime pay for work hours that had been misclassified by the defendant...more

10 Value Questions Inside Counsel Should Be Asking Themselves

1. Has your management mandated (or gently suggested) that you reduce your spend on litigation? Would it be a good career move if you achieved a reduction in total spend? 2. Do your law firms spend more than the...more

Best v. Cox: Motions to Remove Counsel and Receive Security for Costs

In Best v. Cox, Justice Feldman of the Ontario Court of Appeal considered two motions related to appellate practice. The appeal emerged from a finding of civil contempt. The first motion was brought by the appellant to remove...more

’Tis the Season of Giving, Right?

We all think of December as the season of giving. Unfortunately, prevailing defendants in Title VII cases don’t always feel that way. Under Title VII of the Civil Rights Act of 1964, prevailing plaintiffs enjoy compensatory...more

Court of Appeal Provides Valuable Guidance on Jackson Reforms

Lord Justice Jackson’s recommendations, which were by and large implemented in their entirety and came into force on 1 April 2013, were intended to be “a coherent package of interlocking reforms, designed to control costs and...more

Legislation Targeting Non-Practicing Entities (NPEs) Passes in House by Comfortable Margin

On Thursday, December 5, 2013, the U.S. House of Representatives approved the “Innovation Act” (H.R. 3309), a bill principally aimed at curtailing certain patent infringement litigation practices of non-practicing entities...more

Person responding to subpoena entitled to costs of production

In this case, the trial court ordered a third party to produce documents that were alleged to be confidential, and denied the third party its costs in providing the production. ...more

Class Action Costs Orders Aim to Provide Greater Access to Justice

Last month, Justice Belobaba released five costs decisions with a strong message for the class action bar: access to justice is becoming too expensive and the excesses of counsel are at least partly to blame (Rosen v BMO...more

Choosing Between Litigation And Arbitration – What’s At Stake?

The costs of litigation have risen dramatically in the past 10 to 20 years. Many factors contribute to that rise, including expanded discovery processes, the proliferation of electronic data storage, and the costs associated...more

Taxing e-Discovery Costs: Amendments To The Florida Uniform Guidelines

On November 14, 2013, the Florida Supreme Court adopted amendments to the Uniform Guidelines on the Taxation of Costs that specifically allow a successful litigant to recover certain e-Discovery expenses. The amended...more

Illinois Supreme Court to Decide Whether Child Psychologist's Fees Taxable as Costs in Custody Battle

Our previews of the latest additions to the Illinois Supreme Court's civil docket continue with In re Marriage of Tiballi. Tiballi poses the following issue: when a parent voluntarily dismisses a petition to change custody,...more

California Court Holds Insurer Entitled to Reimbursement of Defense Costs

In its recent decision in Great Am. Ins. Co. v. Chang, 2013 U.S. Dist. LEXIS 159197 (N.D. Cal. Nov. 6, 2013), the United States District Court for the Northern District of California had occasion to consider an insurer’s...more

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