9th Circ. Blows Away Cost Award In Gun Range Cleanup Case

Law360, New York (March 14, 2012, 4:12 PM EDT) -- The Ninth Circuit on Wednesday vacated a cost award in an environmental cleanup dispute between current and past owners of a former California shooting range, saying courts dismissing cases for jurisdictional problems should consider “the totality of the circumstances” before awarding costs.

The law says judges may award “just costs” when dismissing cases for lack of federal jurisdiction, and the appeals court said they should “consider what is most fair and equitable under the totality of the circumstances.”

The Ninth Circuit panel said a California federal...
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