- 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 NextLast modified: May 25, 2011