Fourth Circuit: Stella Andrews v. America’s Living Centers, LLC

FRCP, Fees

Award of costs for repetitive litigation can include fees where provided by statute at issue or equitably justified by the conduct of the plaintiff.

Circuit split flagged.

Where refiling is not in bad faith, wanton, or oppressive, award of fees is precluded.  Here, Magistrate explicitly suggested refiling action.


Stella Andrews v. America’s Living Centers, LLC