Attorney Fees Are Not "Costs" Under Rule 68

[David A. Szwak]

Marek v. Chesny
473 U.S. 1, 105 S.Ct. 3012
U.S.Ill.,1985.
June 27, 1985

The second question we address is whether the term “costsâ€

[David A. Szwak]

McCain v. Detroit II Auto Finance Center
378 F.3d 561
C.A.6 (Mich.),2004.
August 05, 2004

Prevailing debtor who accepted offer of judgment against creditor in action pursuant to the Truth in Lending Act (TILA), the Equal Credit Opportunity Act, the Michigan Consumer Protection Act, and the Michigan Credit Reform Act moved for attorney fees. The United States District Court for the Eastern District of Michigan, Patrick J. Duggan, J., 228 F.Supp.2d 799, denied motion. Debtor appealed.

Holding: The Court of Appeals, Milton I. Shadur, District Judge, sitting by designation, held that debtor's acceptance of offer of judgment of $3,000 “as to all claims and causes of actionsâ€