United States Fifth Circuit

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Cook Children's Med. Ctr. v. New England PPO Plan of Gen. Consol. Mgmt. Inc., 06-10511

In an ERISA action brought by a medical center as an assignee of a plan member, summary judgment and award of mediation costs for defendants is affirmed as to summary judgment, but vacated as to the award of costs as mediation fees are not explicitly authorized by 28 U.S.C. section 1920, and thus the district court abused its discretion in awarding mediation expenses as taxable costs to defendants under that statute.

Appellate Information

  • Decided 06/28/2007
  • Published 06/28/2007

Judges

  • PRADO, Circuit Judge:, Before KING, GARZA and PRADO, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Gayle Edward Oler (argued), Thomas L. Freytag, Dallas, TX, for Cook Children's Med. Ctr., Carl C. Scherz (argued), Kirsten M. Castaneda, Jason Levi Sanders, Jeff Logan, Locke, Liddell & Sapp, Dallas, TX, for New England Life Ins. Co.

  • For Appellees:
  • R. Spencer Shytles, Graham, Bright & Smith, Dallas, TX, for Defendants-Counter Claimants-Appellees.