- 16 - costs recoverable under EAJA, but no award for postage, taxi fares, or other out-of-pocket costs), citing NAACP v. Donovan, 554 F. Supp. 715, 719 (D.D.C. 1982) (recoverable “costs” are limited to those costs enumerated under 28 U.S.C. sec. 1920, and EAJA’s provision for recovery of “fees and other expenses” was not intended to include postage, transportation, meals, or other related expenses). Under the Civil Rights Attorney’s Fees Awards Act, 42 U.S.C. sec. 1988 (2000), at least two Courts of Appeals, involving litigants represented by attorneys, have awarded costs beyond those specifically enumerated by the statutory language, and we have found none that limits awardable costs to only those specifically enumerated. See Dowdell v. Apopka, 698 F.2d 1181, 1192 (11th Cir. 1983) (“with the exception of routine office overhead normally absorbed by the practicing attorney, all reasonable expenses incurred in case preparation, during the course of litigation, or as an aspect of settlement of the case may be taxed as costs under [42 U.S.C.] section 1988”, including postage, travel, and telephone); Northcross v. Bd. of Educ., 611 F.2d 624, 639 (6th Cir. 1979) (“reasonable out-of-pocket expenses incurred by the attorney which are normally charged to a fee- paying client in the course of providing legal services”, such as travel and telephone costs, recoverable under 42 U.S.C. section 1988). In cases involving section 7430 and out-of-pocket costs incurred by attorneys on behalf of their clients, the courts,Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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