Family Pac v. Robert Ferguson

OPINION

FISHER, Circuit Judge:

Addressing an issue of first impression in this circuit, we hold that the term “costs” under Rule 39 of the Federal Rules of Appellate Procedure does not include attorney’s fees recoverable as part of costs under 42 U.S.C. § 1988 and similar statutes. The district court therefore properly concluded that the statement in our previous opinion that “[ejach party shall bear its own costs of appeal,” Family PAC v. McKenna, 685 F.3d 800, 814 (9th Cir.2012), did not preclude Family PAC, as prevailing party, from obtaining an award of appellate attorney’s fees under §…