Glenn Tibble v. Edison International

MEMORANDUM

The facts of this case are known to the parties and addressed in our contemporaneously filed opinion. Having affirmed the partial grant of summary judgment and trial verdict, we must confront the issue of costs and attorney’s fees.

I

Beneficiaries argue on appeal that the district court erred in denying them costs and fees under Federal Rule of Civil Procedure 54 and under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 , et seq.

Rule 54(d) states that unless a federal statute or the Federal Rules of Civil Procedure provides otherwise, “costs — other than attorney’s fees — should be allowed to the prevailing party.” Fed.R.Civ.P. 54(d)(1). This “create[s] a presumption for awarding costs to prevailing parties,” placing the burden on the unsuccessful party to “show why costs should not be awarded.” Quan v. Computer Scis. Corp., 623 F.3d 870, 888 (9th Cir.2010). ERISA speaks to costs and to attorney’s fees, stating that “the court in its discretion may allow a reasonable attorney’s fee and costs of action to either party.” 29 U.S.C. § 1132 (g)(1). Explaining the interplay between Rule 54(d) and § 1132(g)(1), Quan held that the ordinary…