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.
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David A. Szwak
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Joined: Tue Jul 26, 2005 4:15 am

What Do "Costs" Encompass?

Post by David A. Szwak »

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

[ucd][bcd]Marek v. Chesney[/bcd][/ucd], 473 U.S. 1 decision contains an appendix that answers this question. [bcd][ucd]Item B-17 is the FCRA, which is identified as a statute where costs do not include attorneys fees[/ucd][/bcd]. 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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