Commentary Post Test
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.
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.