Ambrose McCall Explores the Process of Determining Recoverable Litigation Costs

Hinshaw's Ambrose McCall recently authored an article titled, "What Are Costs That You Can Recover on State Law Actions Filed in Federal Court?" Published by Federal Civil Practice, the newsletter of the Illinois State Bar Association's Section on Federal Civil Practice, the article discusses litigation expenses and the process of determining whether costs associated with state law claims are recoverable and the analysis used by federal courts when determining that issue.

As McCall explains, one must examine the Federal Rules of Civil Procedure, federal statutes, and decisions from the U.S. Supreme Court and U.S. Court of Appeals in order to understand issues concerning recoverable costs. He discusses Rule 54(d) (1), which provides a road map for "recovering taxable costs other than attorney's fees," as well as several significant opinions, including Stender v. Archstone-Smith Operating Trust and Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co. "It always helps to seek directions from the federal authorities before you bank on your opponent paying your client's costs that only state laws may provide," he said.

Read the full article (PDF)

"What Are Costs That You Can Recover on State Law Actions Filed in Federal Court?" was published by Federal Civil Practice, the newsletter of the Illinois State Bar Association's Section on Federal Civil Practice, Vol. 19, No. 2, December 2020