National Information Services, Inc. v. TRW, Inc.

51 F.3d 1470, 1995 WL 156887
CourtCourt of Appeals for the Ninth Circuit
DecidedApril 11, 1995
DocketNos. 92-36886, 92-36915
StatusPublished
Cited by10 cases

This text of 51 F.3d 1470 (National Information Services, Inc. v. TRW, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
National Information Services, Inc. v. TRW, Inc., 51 F.3d 1470, 1995 WL 156887 (9th Cir. 1995).

Opinion

CYNTHIA HOLCOMB HALL, Circuit Judge:

This case raises the question of when a district court may deny costs to a prevailing party. See Fed.R.Civ.P. 54(d)(1). The district court denied costs to the prevailing defendants on the ground that the plaintiffs brought their case in good faith and without vexatious purpose. We conclude that the district court abused its discretion.

I.

This case began when plaintiffs National Information Services, Inc., Credit Data of Illinois, Inc., Informative Research, Inc., and CDB Infotek (collectively, “Plaintiffs”) filed a federal antitrust action against defendants TRW, Inc. and Credit Bureau Reports, Inc. (collectively, “Defendants”). The complaint alleged a series of federal and state antitrust violations. It also included a number of business tort claims under California and Oregon law.

After extensive discovery, briefing, and oral argument, the district court granted Defendants’ motion for summary judgment in its entirety. Plaintiffs then further supplemented the record and filed a motion for reconsideration. After full briefing and another round of oral argument, the district court denied the motion to reconsider and entered summary judgment for Defendants.1

As prevailing parties, both defendants timely submitted separate bills of costs to the district court. Plaintiffs objected but did not challenge any specific item claimed in the cost memoranda. Instead, Plaintiffs relied on the district court’s equitable discretion under Rule 54(d)(1) and asked that each side be ordered to bear its own costs. In support of their request, Plaintiffs argued that their case raised “important and intricate” legal questions and included claims that were “not meritless.” Plaintiffs’ Memorandum of Points and Authorities in Opposition to Defendants’ Bill of Costs at 2.

The district court agreed. It denied Defendants’ bills of costs, reasoning that:

Plaintiffs’ antitrust action has merit. Although I granted Defendants’ motion for summary judgment, I did not do so lightly. I took Plaintiffs’ motion to reconsider seriously. Under these facts, I deny Defendants’ bills of costs.

Order of October 15, 1992 (denying costs). Defendants appealed. We have jurisdiction under 28 U.S.C. § 1291 and now reverse.

II.

Rule 54(d)(1) provides, in pertinent part, that “costs other than attorneys’ fees shall be allowed as of course to the prevailing party unless the court otherwise directs.” Fed.R.Civ.P. 54(d)(1). We long have held that the decision to award costs ordinarily resides in the district court. We will not disturb that decision unless the court has abused its discretion. See, e.g., Trans Container Servs. v. Security Forwarders, Inc., 752 F.2d 483, 488 (9th Cir.1985).

The district court based its decision to deny costs on its conclusion that Plaintiffs’ case had “merit.” Order of October 15,1992 (denying costs). We understand this finding of “merit” as a statement that even though Plaintiffs’ claim ultimately proved groundless, they brought their case in good faith and without vexatious purpose. As we explain below, this is not a sufficient reason to justify the denial of costs to a prevailing party.

We agree with our sister circuits that Rule 54(d)(1) creates a presumption in favor of awarding costs to the prevailing party. See Klein v. Grynberg, 44 F.3d 1497, 1506 (10th Cir.1995); Congregation of the Passion [1472]*1472v. Touche, Ross & Co., 854 F.2d 219, 222 (7th Cir.1988). This presumption is supported by the explicit language of Rule 54(d)(1), which makes the award of costs to a prevailing party automatic in the absence of an express direction to the contrary by the district court. See Fed.R.Civ.P. 54(d)(1) (providing that costs “shall be allowed as of course ... unless the court otherwise directs”); see also Chicago College of Osteopathic Medicine v. George A. Fuller Co., 801 F.2d 908, 910 (7th Cir.1986); Subscription Television, Inc. v. Southern Cal. Theatre Owners Ass’n, 576 F.2d 230, 234 (9th Cir.1978).

The unsuccessful litigant can overcome this presumption by pointing to some impropriety on the part of the prevailing party that would justify a denial of costs. See Delta Air Lines, Inc. v. Colbert, 692 F.2d 489, 490 (7th Cir.1982); Popeil Bros., Inc. v. Schick Electric, Inc., 516 F.2d 772, 775-76 (7th Cir.1975). The loser bears this burden because the denial of costs is by nature a penalty. See Smith v. Southeastern Penn. Transp. Auth., 47 F.3d 97, 99-100 (3d Cir.1995) (per curiam); Serna v. Manzano, 616 F.2d 1165, 1167 (10th Cir.1980). A district court therefore generally must award costs unless the prevailing party is guilty of some fault, misconduct, or default worthy of punishment. See Delta Air Lines, 692 F.2d at 490.

“Nothing in National Organization for Women v. Bank of California, 680 F.2d 1291 (9th Cir.1982), is to the contrary. Our decision in Bank of California addressed one very narrow question: whether the Christianburg standard for attorney’s fees ought to apply to cost awards in Title VII litigation. See Christianburg Garment Co. v. E.E.O.C., 434 U.S. 412, 417, 98 S.Ct. 694, 698, 54 L.Ed.2d 648 (1978) (holding that unsuccessful Title VII plaintiffs need not pay their opponent’s attorney’s fees unless their action was “frivolous, unreasonable, or without foundation”). In Bank of California, we refused to extend Christianburg to cost awards, concluding that there was no statutory authority to do so. 680 F.2d at 1294 (affirming order taxing costs against unsuccessful Title VII plaintiffs). We also remarked that we could think of “no reason to impose rigid limitations on the district court’s discretion [to award costs in Title VII litigation].” Id. That language, however, does not forestall the rule we today adopt because we have not imposed “rigid limitations” on the district court’s discretion to award costs.

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51 F.3d 1470, 1995 WL 156887, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-information-services-inc-v-trw-inc-ca9-1995.