Costs restorable under Rule 54(D) doesn’t include attorney time

Federal Courts

By Jay S. Judge

Jay S. Judge, a name partner of Judge, James, Hoban & Fisher LLC in Park Ridge, is a defense attorney who specializes in trials, appeals and insurance coverage. Judge graduated with honors from The John Marshall Law School and served as editor-in-chief of the school’s law review.

Posted June 23, 2020 9:51 AM

Today’s 7th U.S. Circuit Court of Appeals case involves the question of what items are recoverable as “costs” under Rule 54(d) and as defined in Section 1920, Taxation of Costs, and whether “costs” include an attorney’s time, mailing costs and $47,425 in punitive damages. The 7th Circuit clarified what qualifies as “recoverable costs” in a per curiam decision issued by Judges Frank H. Easterbrook, Diane S. Sykes and Amy J. St. Eve.In Peck v. IMC Credit Services, 2020 WL 3026323 (7th Cir. 2020), Norman Peck sued IMC Credit …

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