What Do "Costs" Encompass?

Federal and State Rules of Procedure provide cost and sometimes attorney's fee shifting mechanisms for defendants to attempt to force plaintiffs/consumers to accept proposed settlements. This forum provides a source of information for how these rules may impact the litigation.
David A. Szwak

What Do "Costs" Encompass?

Postby David A. Szwak » Mon Dec 12, 2005 1:00 pm

If the Offer says exclusive of "costs" and that costs may be petitioned separately, does that mean that attorneys' fees are included or separate?

Marek v. Chesney, 473 U.S. 1 decision contains an appendix that answers this question. Item B-17 is the FCRA, which is identified as a statute where costs do not include attorneys fees. Indeed, all the provisions of the Consumer Credit Protection Code, as well as TILA, Odometer and Electronic Funds Act are under B.

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