The Costs of Litigation: A proposal to Amend Federal Rule of Appellate Procedure
The U.S. Supreme Court was silent on the issue, and the applicable Federal Rule of Appellate Procedure-Rule 39(a)(4)-merely directed the judges to award costs “only as the court orders.” The result: an angry dialogue between the majority, which thought each party should shoulder its own costs, and the dissent, which would have the plaintiffs pay most of Exxon’s costs.
Commentary by: Yvette Joy | Download PDF
Amend Federal Rule of Appellate Procedure
the applicable Federal Rule of Appellate Procedure-Rule 39(a)(4)-merely directed the judges to award costs “only as the court orders.” The result: an angry dialogue between the majority, which thought each party should shoulder its own costs, and the dissent, which would have the plaintiffs pay most of Exxon’s costs.
Commentary by: Yvette Joy | Download PDF
Appellate Procedure
the applicable Federal Rule of Appellate Procedure-Rule 39(a)(4)-merely directed the judges to award costs “only as the court orders.” The result: an angry dialogue between the majority, which thought each party should shoulder its own costs, and the dissent, which would have the plaintiffs pay most of Exxon’s costs.