Concord Boat Corp. v. Brunswick Corp.’s Empirical Analysis
309 F.3d 494 · 2002
Citation profile
5 federal appellate · 2 state decisions
How this case has been cited
Cited by 17 later decisions — most recently February 2024
5 federal appellate · 2 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Yates v. Gober · Kern v. TXO Production Corp. · Texas v. Cobb · Concord Boat Corporation v. Brunswick Corporation · Walker v. U.S. Department of Housing & Urban Development
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Imposing only individual liability here would be inconsistent with the presumption embodied in Rule 54(d) of the Federal Rules of Civil Procedure that a prevailing party is entitled to recover all of its costs. The expense of collection and the potential insolvency of several parties make it likely that [the prevailing party] would not recover a substantial portion of its award without joint and several liability. In the absence of strong opposing considerations, it would be inequitable to place the risk of non-collection on the prevailing party. Joint and several liability should not unfairly force any boat company to bear the costs alone, however. The companies could allocate the risk of costs among themselves, or any party satisfying the judgment could seek contribution from the others.”
1 later decision quote this exact passage · from the majority“When an expense is taxable as a cost, however, there is a strong presumption that a prevailing party shall recover it “in full measure.” In re Paoli [R.R. Yard PCB Litigation], 221 F.3d [449,] 462, 468 [(3d Cir.2000)]; see Zotos v. Lindbergh Sch. Dist., 121 F.3d 356, 363 (8th Cir.1997). The “losing party bears the burden of making the showing that an award is inequitable under the circumstances.” In re Paoli 221 F.3d at 462-63.”
1 later decision quote this exact passage · from the majority“In determining whether a photocopy expense is necessary so as to be taxable as a cost and whether to award that cost to the prevailing party, the district court enjoys discretion so long as it does not act arbitrarily.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.