The John Minor Wisdom courthouse, home of the U.S. Court of Appeals for the Fifth Circuit. The John Minor Wisdom courthouse, home of the U.S. Court of Appeals for the Fifth Circuit. Photo: Tim Roller

In addition to affirming the March 2021 award handed down in the U.S. District Court for the Southern District of Texas, the appeals court upheld the denial of costs under Rule 54(d) for the defendants and the denial of the plaintiff's attorney fees under the Racketeer Influenced and Corrupt Organizations Act awarded by the district court.

The court reversed the lower court's decision on attorney fees and costs for the Texas Theft and Liability Act claim after the district court denied the defendant's motion for fees and costs due to calculation concerns.