Appeal From Costs Award
In Regional Air, Inc. v. Canal Ins. Co., No. 09-6090, both parties' appeal from an award of costs in favor of plaintiff, the court vacated where 1) in its Okla. Stat. section 3629 analysis, the district court appeared implicitly to consider the appraisal award part of its judgment, and should have explicitly recognized that in awarding costs; 2) defendant thus had abundant notice that plaintiff was incurring storage costs and expected defendant to pay them; and 3) the district court's interest award and remand this matter for the court to recalculate its award starting from the date or dates plaintiff's storage cost losses reflected in the verdict were payable pursuant to the provisions of the parties' contract.
As the court wrote: "Sometimes litigation takes so many twists and turns that, by the end of it all, it's hard to tell who won and who lost. Ours is such a case. After much motions practice and a trial, Canal paid Regional Air just less than $60,000 for an insurance loss. After trial, both sides declared victory. And this led to a whole new fight over who won and who lost the last fight. Claiming to be the "prevailing party," each side argued that Oklahoma law entitled it to recover attorneys' fees, costs and, in Regional Air's case, interest from its opponent."
- Read the Tenth Circuit's Decision in Regional Air, Inc. v. Canal Ins. Co., No. 09-6090