- Court: U.S. Supreme Court Certiorari Granted
- Area(s) of Law: Civil Procedure
- Date Filed: January 8, 2021
- Case #: 20-334
- Judge(s)/Court Below: 959 F.3d 159 (5th Cir. 2020)
- Full Text Opinion
Four categories of “costs on appeal are taxable in the district court for the benefit of the party entitled to costs under this rule” under Fed. R. App. P. 39(e). In In re Sioux Ltd., Sec. Litig., No. 87-6167, 1991 WL 182578, at *1 (5th Cir. Mar. 4, 1991), the Fifth Circuit interpreted the 1991 version of Rule 39(e) and found that “district court[s] ha[ve] no discretion whether, when, to what extent, or to which party to award costs”; a full costs award were “mandatory.” Rule 39(e) was amended in 1998. However, prior to and subsequent to that amendment, every other circuit to have addressed the question contrarily held that the “district court[s] ha[ve] broad discretion to deny costs to a successful appellee under Rule 39(e).” Republic Tobacco Co. v. N. Atl. Trading Co., 481 F.3d 442, 449 (7th