Legal Opinion
Chicago College of Osteopathic Medicine v. George A. Fuller Company, Third-Party v. Schmidt, Garden & Erickson, Third-Party
Court of Appeals for the Third Circuit
Decided September 12, 1986No. 85-2814PublishedCited by 30 opinions
1Opinion of the Court
POSNER, Circuit Judge.
The principal question for decision is whether the fee of an expert witness, other than one appointed by the court, can be taxed under 28 U.S.C. § 1920 as a cost of suit to the winning party (meaning, of course, that the losing party has to pay for it), upon a finding that the witness was necessary to the winner’s case. We held some years ago that it cannot be, but a dictum in a subsequent case places the authority of our holding under a bit of a cloud, so we have decided to consider the question afresh.
The Chicago College of Osteopathic Medicine brought a diversity suit…
2Cases cited9 opinions
- Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
- Farmer v. Arabian American Oil Co.Supreme Court of the United States · 1964
- International Woodworkers of America, Afl-Cio and Its Local No. 5-376 v. Champion International CorporationCourt of Appeals for the Fifth Circuit · 1986
- State of Illinois v. Sangamo Construction Co. And J. L. Simmons Company, Inc., DefendantsCourt of Appeals for the Seventh Circuit · 1981
- Heiar v. Crawford CountyCourt of Appeals for the Seventh Circuit · 1984
4 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Carol Majeske v. City of ChicagoCourt of Appeals for the Seventh Circuit · 2000
- Richard Bright D/B/A Augusta Dairies v. Land O'lakes, Inc. And Norris Creameries, Inc.Court of Appeals for the Seventh Circuit · 1988
- Michael Chambers, Plaintiff-Appellee-Cross-Appellant v. Victoria Ingram, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1988
- Dr. Marilyn Denny v. Westfield State CollegeCourt of Appeals for the First Circuit · 1989
- Northbrook Excess and Surplus Insurance Company v. Procter & Gamble Company, Procter & Gamble Manufacturing Company and Procter & Gamble Distributing Company, Defendants-Counterclaimants-Appellants v. Commercial Union Insurance Company and American Employers Insurance Company, CounterclaimCourt of Appeals for the Seventh Circuit · 1991
25 more not listed; retrieve them via the Exa API.