Recent Development by David R. DiMatteo
After the conclusion of a negligence action against the United States Government brought under the Federal Tort Claims Act, attorney George Bean filed a motion to receive fees for his services as guardian ad litem (GAL) for Courtlin Gaddis, a minor and plaintiff in the suit. Bean requested that the fees be taxed against the government as costs, as other fees under Rule 54(d) of the Federal Rules of Civil Procedure (FRCP). The government objected, arguing that the types of costs that may be taxed are specifically limited to the items enumerated in 28 U.S.C. § 1920, which makes no mention of fees for GAL. Further, the government argued that even if § 1920 allowed such fees to be taxed as costs, this cannot be done against the federal government because it has not waived its sovereign immunity in regard to GAL fees. The district court granted Mr. Bean's motion over the government's objection and taxed as costs $46,299 in GAL fees to the government. The United States appealed the decision to a panel of the United States Court of Appeals for the Fifth Circuit, which affirmed the decision of the district court. However, the court subsequently agreed to hear the case en banc. Upon rehearing, the Fifth Circuit held that GAL fees can be taxed as costs against nonprevailing parties, including the federal government. Gaddis v. United States, 381 F.3d 444, 447 (5th Cir. 2004).
About the Author
David R. DiMatteo. J.D. candidate 2006, Tulane University School of Law; B.A. 1996, Mary Washington College.
Citation
79 Tul. L. Rev. 1089 (2005)