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Goldberg v. Pac. Indemn. Co., No. 09-16243

By FindLaw Staff on December 06, 2010 6:21 PM

Denial of Expert Witness Fees and Double Costs Under Arizona Law Affirmed

In Goldberg v. Pac. Indemn. Co., No. 09-16243, defendants' appeal from the district court's denial of their request for expert witness fees and double costs pursuant to Arizona Rule of Civil Procedure 68, the court affirmed where Arizona Rule 68 did not apply because it conflicted with Federal Rule of Civil Procedure 68, under which defendants were not entitled to recover costs because judgment was entered in their favor.

As the court wrote:  "Defendants Pacific Indemnity Co. and Federal Insurance Co. (collectively  "defendants") appeal the district court's denial of their request for expert witness fees and double costs pursuant to Arizona Rule of Civil Procedure 68 ("Arizona Rule 68"). The district court found that Arizona Rule 68 did not apply because it conflicts with Federal Rule of Civil Procedure 68 ("Federal Rule 68"), under which defendants are not entitled to recover costs because judgment was entered in their favor."

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