United States Ninth Circuit

Costs pursuant to FRCP 54(d) may not be awarded where an underlying claim is dismissed for lack of subject matter jurisdiction, but FRCP 54(d) does apply where an ADA claim was dismissed based on Eleventh Amendment immunity.

Appellate Information

• Decided 02/19/2003
• Published 02/19/2003

Judges

• Before SILVERMAN, GOULD, Circuit Judges, and WEINER, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• John Houston Scott, Attorney, The Scott Law Firm, San Francisco, CA, for the appellant.


• For Appellees:
  
• James E. McFetridge, Supervising Deputy Attorney General for the State of California, Sacramento, CA, for the appellee.