United States Seventh Circuit

Grant of defendant's motion for costs incurred in securing a jury's judgment during post-trial proceedings and on appeal is affirmed where: 1) district courts have broad discretion to allocate costs when an appellate court modifies a district court's judgment; and 2) the district court did not abuse its discretion in allowing the recovery of borrowing costs during the appeal that were no more expensive than the premium for a supersedeas bond. The decision is reversed where the district court erred by taxing defendant's post-trial, pre-appeal costs against plaintiff since defendant did not prevail at trial and no federal statute authorized an award of post-trial, pre-appeal costs under Rule 54(d).

Appellate Information

• Argued 11/28/2006
• Decided 02/22/2007
• Published 02/22/2007

Judges

• FLAUM, Circuit Judge., Before FLAUM, MANION, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Charles S. Bergen (argued), Michael Kazan, Grippo & Elden, Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Anne G. Kimball, Wildman, Harrold, Allen & Dixon, Chicago, IL, Christopher Landau (argued), John C. O'Quinn, Kirkland & Ellis, Washington, DC, for Defendants-Appellees.