In a small dollar case, a plaintiff’s recoverable “costs” typically include filing fees and service fees. See Household Int’l v. Liberty Mutual, 195 Ill. 2d 578 (2001). This amount is usually negligible (usually less than $500) and not worth fighting over. However, where a fee-shifting provision in a contract provides for prevailing party “litigation expenses” or “costs of …
Category Archives: Civil Procedure
Recovering Litigation Costs in Federal Court (Northern District of Illinois)
Federal court litigants in Illinois should be versed in 28 U.S.C. §1920, FRCP 54 and Northern District Local Rule 54.1 – both of which govern recoverable costs and the procedures for recovering those costs in Federal court. Broadly, the prevailing party has 30 days from date of judgment to file a Bill of Costs. Failing that, all of his costs – …
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Misnomer vs. Mistaken Identity – More Than Semantic Hairsplitting?
The misnomer and mistaken identity doctrines apply where a plaintiff sues a defendant too late. Misnomer occurs when the plaintiff has the wrong name of the right party (ex: I intend to sue Donald Trump but instead name “Ronald Trump” as Defendant). Mistaken identity is involved where the plaintiff has named the wrong party. (I …
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