Where a company prevailed on an employee’s retaliation claims, its bill of costs was granted. Although the employee argued that costs should not be awarded because the decision was close or difficult, the court disagreed, explaining that it was a “standard dispute that was resolved on a summary judgment motion.”

Background

James Timothy Cook filed this action against Roanoke Electric Steel Corporation, or RESCO, claiming that when it terminated him, it retaliated against him in violation of Virginia Code §§ 40.1-27.3(A)(1) and 40.1-51.2:1. The court granted summary judgment to RESCO on all claims. Cook has appealed this ruling to the Fourth Circuit. As the prevailing party, RESCO submitted a bill of costs, seeking $1,226.65 for printed or electronically recorded transcripts necessarily obtained for use in the case.

Analysis

Cook has not identified any circumstances sufficient to overcome the presumption in favor of awarding costs to the prevailing party. In his objections, Cook first insists that RESCO did not delineate or itemize the costs themselves, such that Cook could not ascertain the actual costs being claimed.

But that representation is not accurate. It is evident from RESCO’s filing that the reason its claimed costs ($1,226.65) are not itemized by category is because they all fall under only one statutory category: fees for printed or electronically recorded transcripts necessarily obtained for use in the case. Even still, RESCO provided invoices itemizing the...

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