Otay Land Co., et al. v. United Enterprises Ltd., et al.

Under 28 U.S.C. 1919, when a suit was dismissed for lack of jurisdiction, the court "may order the payment of just costs." This case required the court to parse the term "just" and consider what constituted "just costs." Here, the district court awarded costs to defendants on the ground that they were necessarily incurred in defending in the action. Because the district court implied a presumption of award of costs that was absent in the permissive statute, and because it equated incurred costs with "just costs," the court concluded that the district court abused its discretion under section 1919. View "Otay Land Co., et al. v. United Enterprises Ltd., et al." on Justia Law