Tuesday, November 29, 2005

Judge Urbanski on attorneys' fees and court costs in a Lanham Act case

In Southprint, Inc. v. H3, Inc., Magistrate Judge Urbanski of the W.D. Va. denied the winner's request for attorneys' fees in a Lanham Act case and also denied about half of the plaintiff's claim for court costs under Rule 54.

In particular, the expedited process server fee was denied, and costs were allowed only for those depositions that "were submitted and necessary in rendering a decision on the motion for summary judgment." Judge Urbanski also booted the claims for court reporter extras like condensed transcripts, transcripts on disc, and postage or shipping costs. Also, the judge booted the claim for a transcript of the court hearing on the motion for summary judgment. The court also allowed a fraction of the plaintiff's copying costs, which was a new one on me. Copy costs? Anyhow, the judge is right on all counts, so far as I know.

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