Associates Against Outlier Fraud v. Huron

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Plaintiff appealed the award of costs against it in a False Claims Act (FCA), 31 U.S.C. 3729-3733, case, arguing that the district court improperly ordered it to pay defendants the costs of deposition transcripts under FRCP 54(d)(1) and 28 U.S.C. 190. Because "costs" and "expenses" have distinct meanings under Rule 54(d), section 1920, and the FCA, the court concluded that 31 U.S.C. 3730(d)(4) does not preclude the award of the costs for deposition transcripts. Plaintiff forfeited its argument under 28 U.S.C. 1920; and, even if appropriately presented, the argument has no merit where the court has stated clearly that section 1920 permits the taxation of deposition expenses, when necessarily incurred for use of the deposition in the case. Accordingly, the court affirmed the judgment. View "Associates Against Outlier Fraud v. Huron" on Justia Law