Losing plaintiffs in a medical malpractice case “argued that it would be unfair to assess costs given the financial disparity between the parties,” but the court found that argument unpersuasive. It should be noted that the “costs” being shifted in this and most other federal cases do not include attorneys’ fees and most other big-ticket expenses of litigation. Or, as Beck et al put it in their summary of the case, “No, it’s not fee-shifting – but at least it’s something.”
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