15 Cited authorities

Fogerty v. Fantasy, Inc.
510 U.S. 517 (1994) Cited 2,885 times 30 Legal Analyses
Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988
Cefalu v. Village of Elk Grove
211 F.3d 416 (7th Cir. 2000) Cited 452 times
Holding that any trial exhibit "is potentially compensable as exemplification" as long as "the means of presentation furthers [its] illustrative purpose"
Northbrook Excess v. Procter Gamble
924 F.2d 633 (7th Cir. 1991) Cited 353 times
Holding that the party seeking costs is "required to provide the best breakdown obtainable from retained records"
Shum v. Intel Corp.
629 F.3d 1360 (Fed. Cir. 2011) Cited 120 times 2 Legal Analyses
Holding that “ court must choose one, and only one, ‘prevailing party’ to receive any costs award” under Rule 54(d) of the Federal Rules of Civil Procedure
Trading Technologies International v. Espeed, Inc.
750 F. Supp. 2d 962 (N.D. Ill. 2010) Cited 64 times
Holding that where the prevailing party has failed to provide sufficient information to ascertain that the costs are authorized, denial is an appropriate outcome
Se–Kure Controls, Inc. v. Vanguard Prods. Grp., Inc.
873 F. Supp. 2d 939 (N.D. Ill. 2012) Cited 60 times
Finding $405 per hour to be a reasonable expert rate
Gavoni v. Dobbs House, Inc.
164 F.3d 1071 (7th Cir. 1999) Cited 72 times
In Gavoni v. Dobbs House, Inc., 164 F.3d 1071 (7th Cir. 1999), the Seventh Circuit affirmed the denial of the defendant's motion for costs under Rule 68. The defendant had made an unapportioned offer of $10,000 to three plaintiffs and the jury ultimately awarded the plaintiffs a total of $6,500.
ARP Films, Inc. v. Marvel Entertainment Group, Inc.
952 F.2d 643 (2d Cir. 1991) Cited 84 times
Holding that "[i]n view of the mixed outcome of this litigation, the district court was well within its discretion in concluding that plaintiffs were not prevailing parties within the meaning of 505."
Smart v. Local 702 Int'l Broth. of Elec
573 F.3d 523 (7th Cir. 2009) Cited 38 times
No. 07-4088. July 22, 2009. Appeal from the United States District Court for the Southern District of Illinois, David R. Herndon, Chief Judge. Ronald D. Smart, pro se. Marilyn Teitelbaum, Schuchat, Cook Werner, St. Louis, MO, for Defendants-Appellees. Gerald E. Berendt, pro se, Amicus Curiae. Before RIPPLE, KANNE and TINDER, Circuit Judges. MOTION TO COMPEL PAYMENTS OF COSTS PER CURIAM. This matter is before us on the plaintiff's motion to compel the payments of costs. For the reasons set forth in
Florentine Art Studio, Inc. v. Vedet K. Corp.
891 F. Supp. 532 (C.D. Cal. 1995) Cited 14 times
Holding that defendant was entitled to attorney's fees in copyright action, where defendant prevailed on seven of nine infringement counts despite being found to have infringed the remaining two copyrights
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 98,335 times 676 Legal Analyses
Adopting Fed.R.Civ.P. 37
Rule 54 - Judgment; Costs
Fed. R. Civ. P. 54 Cited 42,271 times 144 Legal Analyses
Holding party seeking fees may additionally seek "nontaxable expenses"
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 22,890 times 16 Legal Analyses
Allowing service by filing papers with the court's electronic-filing system
Section 1920 - Taxation of costs
28 U.S.C. § 1920 Cited 12,876 times 93 Legal Analyses
Referring only once to "expenses," and doing so solely to refer to special interpretation services provided in actions initiated by the United States
Section 1821 - Per diem and mileage generally; subsistence
28 U.S.C. § 1821 Cited 2,290 times 38 Legal Analyses
Setting witness fees at $40 per day

Games Workshop Limited v. Chapterhouse Studios LLC

15 Cited authorities

Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988

Holding that any trial exhibit "is potentially compensable as exemplification" as long as "the means of presentation furthers [its] illustrative purpose"

Holding that the party seeking costs is "required to provide the best breakdown obtainable from retained records"

Holding that “ court must choose one, and only one, ‘prevailing party’ to receive any costs award” under Rule 54(d) of the Federal Rules of Civil Procedure

Holding that where the prevailing party has failed to provide sufficient information to ascertain that the costs are authorized, denial is an appropriate outcome

Finding $405 per hour to be a reasonable expert rate

In Gavoni v. Dobbs House, Inc., 164 F.3d 1071 (7th Cir. 1999), the Seventh Circuit affirmed the denial of the defendant's motion for costs under Rule 68. The defendant had made an unapportioned offer of $10,000 to three plaintiffs and the jury ultimately awarded the plaintiffs a total of $6,500.

Holding that "[i]n view of the mixed outcome of this litigation, the district court was well within its discretion in concluding that plaintiffs were not prevailing parties within the meaning of 505."

Holding that defendant was entitled to attorney's fees in copyright action, where defendant prevailed on seven of nine infringement counts despite being found to have infringed the remaining two copyrights

Adopting Fed.R.Civ.P. 37

Holding party seeking fees may additionally seek "nontaxable expenses"

Allowing service by filing papers with the court's electronic-filing system

Referring only once to "expenses," and doing so solely to refer to special interpretation services provided in actions initiated by the United States

Setting witness fees at $40 per day