Legal Opinion

Friedman v. Ganassi

Court of Appeals for the Third Circuit

Decided August 1, 1988No. Nos. 88-3014, 88-3015PublishedCited by 20 opinions

1Opinion of the Court

OPINION OF THE COURT

STAPLETON, Circuit Judge.

This appeal presents the narrow question whether in suits brought under § 11 of the Securities Act of 1933, 15 U.S.C. § 77k, the taxable costs specified in 28 U.S.C. § 1920 are to be “allowed as of course to the prevailing party” under Fed.R.Civ.P. 54(d) or whether they can be awarded only upon a finding under § 11(e) of the Securities Act that the losing party’s position was wholly without merit. Because we disagree with the district court’s conclusion that Congress intended the § 11(e) stan*208dard to control the recovery of taxable costs by a…

2Cases cited16 opinions

  1. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  2. Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
  3. Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
  4. Crawford Fitting Co. v. J. T. Gibbons, Inc.Supreme Court of the United States · 1987
  5. Sprague v. Ticonic National BankSupreme Court of the United States · 1939

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3Cited by20 opinions

  1. Marx v. General Revenue Corp.Supreme Court of the United States · 2013
  2. Marchman v. NCNB Texas National BankNew Mexico Supreme Court · 1995
  3. Elizabeth Smith v. Southeastern Pennsylvania Transportation AuthorityCourt of Appeals for the Third Circuit · 1995
  4. Garonzik v. Whitman DinerDistrict Court, D. New Jersey · 1995
  5. In re Paoli Railroad Yard PCB LitigationCourt of Appeals for the Third Circuit · 2000

15 more not listed; retrieve them via the Exa API.

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