Costs, awarded.

The Smiths lost a hard-fought wrongful death case against Chrysler; at the end of the day, Chrysler was awarded $29,412 in costs – approximately half of what it had requested after objections were sustained to some deposition-related expenses. The Smiths appealed and the Fifth Circuit affirmed under the factors in Pacheco v. Mineta, 448 F.3d 783 (5th Cir. 2006):

. . . wherein this Court explained that a district court may, but is not required to, deny a prevailing party costs where suit was brought in good faith and denial is based on at least one of the following factors: “(1) the losing party’s limited financial resources; (2) misconduct by the prevailing party; (3) close and difficult legal issues presented; (4) substantial benefit conferred to the public; and (5) the prevailing party’s enormous financial resources.” Importantly, we withheld judgment on whether “any of [the above factors] is a sufficient reason to deny costs.”

(citation omitted). Under those factors, “[w]e can assume that the plaintiffs brought suit in good faith and their financial condition is dire; even so the district court was not required to deny Chrysler its costs because of its comparative ability to more easily bear the costs. . . .   Although the court sympathetically found that the plaintiffs had established financial hardship, it felt compelled to overrule their general objection because they had not established misconduct by Chrysler, their suit did not present a close and difficult issue of unsettled law, and their case did not confer a substantial benefit to the public.” Smith v. Chrysler, No. 17-40901 (Nov. 26, 2018).