I can very easily agree with this opinion by Judge McKeown. I can also make it even shorter.
"When a statute allows recovery of 'just costs', as 28 U.S.C. s 1919 does, that allows the district court a lot of discretion, so on remand, the court should decide whether an award of costs here would indeed be just."
That's basically what Judge McKeown (rightly) says. As well as specifying various factors which may or may not support an award of costs and that the district judge might well want to consider.
Let me tell you something else. Judge Benitez awarded almost $272,000 in costs to defendants, and the case is now going back to him.
Dollars to donuts he makes nearly an identical award on remand. And it gets affirmed.
