September 26

Ninth Circuit Appellate News: Rule 39 “Costs” Do Not Include Attorney’s Fees

Ninth Circuit Appellate News: Rule 39 “Costs” Do Not Include Attorney’s Fees

In a recent decision from the Ninth Circuit Court of Appeals, Family PAC v. Ferguson, the Court held, as a matter of first impression, that “the term ‘costs’ under Rule 39 of the Federal Rules of Appellate Procedure does not include attorney’s fees recoverable as part of costs under 42 U.S.C. § 1988 and similar statutes.”[i] The decision leaves unanswered an important question: what was the Ninth Circuit referring to in the phrase “similar statutes?” This uncertainty begs further clarification which will undoubtedly be revealed through future litigation. The decision continues a circuit split on the issue which may require intervention by the United States Supreme Court.

September 20

An Unusual Tribute From Opposing Counsel

An Unusual Tribute From Opposing Counsel

It was high praise from opposing counsel — a not-frequent-enough occurrence in the legal industry. That’s what Berman, Berman, Berman, Schneider & Lowary’s Stephanie Schneider received from attorney John F. Stewart of Covina, California, following a resolution in the case of Bobbie Warburton vs. E.B. Janitorial, Inc., et al.