Attorneys’ Fees Award in Sloppy Tuna Dispute Upheld

Attorneys’ fees may be awarded against plaintiffs who file repetitive lawsuits, the U.S. Court of Appeals for the Second Circuit said April 20.

There is a circuit split over the meaning of the word “costs” in the federal rule that allows courts to sanction a plaintiff for filing the same claim against the same defendant after an identical suit was previously dismissed.

The Sixth Circuit says fees aren’t allowed under Federal Rule of Civil Procedure 41(d); the Eighth and Tenth Circuits say the rule allows an award of fees as costs; and the Fourth, Fifth, and Seventh Circuits allow fees ...