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Monday, May 24, 2010

Discretionary Costs

The Western Section of the Tennessee Court of Appeals just issued its opinion in Wade v. Vabnick, No. W2009-02273-COA-R3-Cv (Tenn. Ct. App. May, 24, 2010). This case is a medical malpractice case that was non-suited in state court and re-filed in federal court. One of the defendants, a physician, filed a motion seeking over $30,000 in discretionary costs with the state trial court, which was granted. The Court of Appeals winnowed the costs down to $3,851.15 because some of the costs sought by the defendant are not allowed under Rule 54.04 of the Tennessee Rules of Civil Procedure.

Here's a link to the opinion:

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