Another FRCP Victory: Tenth Circuit Says Federal Rule Trumps State Law
In ‘Stender’, the Tenth Circuit considered whether a federal court sitting in diversity can award costs under a state law when those same costs aren’t recoverable under Federal Rule of Civil Procedure 54(d). Applying the U.S. Supreme Court’s decision in ‘Shady Grove Orthopedic Associates’, the Tenth Circuit concluded that the Federal Rule takes precedence.
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