69 A.3d 1304
R.I.2013Background
- Rhode Island Supreme Court reviews co-examiners’ fees and overall costs in a prior lead-paint public nuisance case.
- Trial court allocated co-examiner costs to the state despite sovereign-immunity concerns; later denied costs to defendants.
- Court previously held the abatement judgment vacated; underlying issues involved with remedial scheme and costs.
- Trial court relied on Rule 53(a) and a judicial-estoppel theory to allocate co-examiner expenses.
- Appeals challenged sovereign immunity defense and the discretionary cost-denial framework under Rule 54(d) and §9-22-5.
- Rhode Island high court affirms the trial court’s determinations and remands for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sovereign immunity bars co-examiner costs against the state | Rhode Island argues immunity shields costs | Defendants contend waiver via plaintiff’s filing | No; judicial estoppel negates immunity on this issue |
| Whether the trial court properly allocated co-examiner costs | State should not bear co-examiner costs | Defendants should bear costs as prevailing party | affirmed allocation assigning costs per court discretion under Rule 53(a) |
| Whether the denial of costs to defendants was proper | Presumption of costs to prevailing party should apply | Seven-factor test allows deviation | affirmed denial of costs to defendants under totality-of-circumstances |
Key Cases Cited
- Hartman v. Carter, 121 R.I. 1 (R.I. 1978) (discretion in cost allocations requires reason and equity)
- DiRaimo v. City of Providence, 714 A.2d 554 (R.I. 1998) (definition of discretion in cost decisions)
- DLC Management Corp. v. Town of Hyde Park, 45 F. Supp. 2d 314 (S.D.N.Y. 1999) (costs may be denied if inequitable under total circumstances)
- New Hampshire v. Maine, 532 U.S. 742 (U.S. 2001) (judicial-estoppel considerations and fairness in court proceedings)
- State v. Lead Industries Association, Inc., 951 A.2d 428 (R.I. 2008) (affirmed liability and discussed related actions (lead-paint case))
- D H Therapy Associates v. Murray, 821 A.2d 691 (R.I. 2003) (judicial-estoppel framework and fairness in litigation)