- Garza v. Citigroup – The Third Circuit Clarifies When a Defendant May Be Awarded Attorneys’ Fees as Costs Under Rule 41(D)
- March 16, 2018 | Author: Danielle Morrison
- Law Firm: Schnader Harrison Segal & Lewis LLP - Philadelphia Office
Federal Rule of Civil Procedure 41(d) authorizes a district court to award a defendant “costs” where a plaintiff who “previously dismissed an action in any court [subsequently] files an action based on or including the same claim against the same defendant.”
On February 2, 2018, the Third Circuit held as a matter of first impression that a district court may award attorneys’ fees as the “costs” provided for under Rule 41(d) when the substantive statute under which the lawsuit was filed defines costs to include attorneys’ fees.Click here to read the full Alert.