Section 1920(4) of Title 28, U.S. Code, makes fees for “the costs of making copies of any materials where the copies are necessarily obtained for use in the case” “taxable” against the losing party in a civil matter. In Race Tires America v. Hoosier Racing Tire, No. 11-2316 (3d Cir. March 16, 2012), the U.S. Court of Appeals for the Third Circuit, reversing the district court, held that such costs were not taxable, employing reasoning that is understandable but, in my opinion, wrong. Background
In Race Tires, the plaintiff, a tire supplier, filed an antitrust complaint against defendants Hoosier Racing Tire Corp., a tire supplier competitor, and Dirt Motor Sports Inc. d/b/a World Racing Group, a motorsports racing sanctioning body. The plaintiff claimed it was owed damages in excess of $80 million. The court granted summary judgment in favor of defendants and the Third Circuit affirmed.
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