On June 1, 2021 the Supreme Court decided City of San Antonio, Texas v. Hotels.com L.P. The issue was whether, as the U.S. Court of Appeals for the 5th Circuit alone has held, district courts “lack discretion to deny or reduce” appellate costs deemed “taxable” in district court under Federal Rule of Appellate Procedure 39(e).
In a 9-0 opinion authored by Justice Alito, the Court affirmed the ruling of the Court of Appeals for the Fifth Circuit. The Supreme Court held, “Federal Rule of Appellate Procedure 39 does not permit a district court to alter a court of appeals’ allocation of the costs listed in subdivision (e) of that rule.”
Charles Campbell, Associate Dean for Academic Affairs and Associate Professor of Law at Faulkner University’s Jones School of Law, joins us today to discuss this decision and its implications.