Plain-English summary
District courts may not change appellate cost allocations set by Rule 39(e)
The Supreme Court unanimously held that Federal Rule of Appellate Procedure 39 does not allow a district court to alter how a court of appeals has allocated the four categories of taxable costs listed in Rule 39(e). The Fifth Circuit’s ruling in favor of that interpretation was affirmed.
Why this matters
This decision settles who decides how certain appellate costs are assigned — the court of appeals or the district court. That clarity affects where a prevailing party must look to recover those specific costs on appeal and prevents relitigation of cost allocation in the district court after the court of appeals has acted.
Who may feel it
- Parties who win or lose appeals in federal courts (both plaintiffs and defendants)
- Federal district courts and courts of appeals (procedures and case management)
- Attorneys and law firms tracking recoverable appellate costs
- Municipalities and businesses involved in multi-district or class-like disputes that involve appeals
Key questions
- Does Rule 39(e) allow a district court to alter an allocation of the four categories of taxable appellate costs made by a court of appeals?