Ouch. From the Oregon Supreme Court opinion, here:
With regard to the amount of costs and disbursements on review, defendant filed a statement of those costs and disbursements seeking the total sum of $561,816.84, plus $638 per day from July 1, 2010, until the letter of credit procured by defendant is released. Plaintiff filed objections to the cost bill, including an objection that defendant had waived any claim for costs incurred before the Court of Appeals. Plaintiff asserted that defendant did not timely submit a claim for those costs under ORS 20.320 (cost statement must be filed 21 days from the date of the appellate court’s decision) and ORAP 13.05(5)(a) (same; also providing that the filing of a petition for review or reconsideration does not suspend the time for filing a cost statement).
Plaintiff’s objection is well taken, and we disallow defendant’s request for costs that it did not seek within 21 days of the decision of the Court of Appeals. Those disallowed costs include the transcript costs ($10,037.80) and costs related to maintaining the letter of credit prior to the issuance of the Court of Appeals decision. We allow the prevailing party fee ($100), the filing fee ($140), and the cost of filing briefs in the Supreme Court ($255.10). We also allow the cost of maintaining the letter of credit after the Court of Appeals issued its decision ($367,205.82 through June 30, 2010).
The total amount of allowed costs is $367,700.92, plus $638 per day from July 1, 2010, until release of the letter of credit or issuance of the appellate judgment, whichever occurs first.
2/16/2015: Big Tobacco lawyers Sharon Rudnick and William F. Gary save $125M for Phillip Morris
In the Oregon Court of Appeals, here: