Wednesday, February 6, 2019

Big bond costs recoverable!

Image result for big band
Big Band!
Your typical memorandum of appellate costs is a thousand bucks sopping wet, right? Maybe a big record case could hit a few thousand. But how about one seeking $1.4M in costs for obtaining an appeal bond? Yep, that's just fine! Plenty of great issues to enjoy here.
Today's DJ story, Appeal Court Ruling Clarifies Law on Appeals Bonds, says:

The opinion also addresses a question of first impression, writing: "The parties have not cited, and independent research has not disclosed, any authority specifically addressing whether lost opportunity costs are a factor which can be taken into consideration when determining whether costs incurred were reasonable and necessary. We believe that lost opportunity costs are an appropriate factor in determining the method used to bond the judgment." The ruling emphasized, "the law is only that lost opportunity costs should not be awarded."
The Recorder's story is Dead Billionaire's Daughter Wins First-of-Its Kind Dispute Over Appellate Costs; the MetNews story is Losing Respondent to Pay $1.4 Million Cost of Appeal Bond