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Also, I've heard lawyers say that only in cases of frivilous lawsuits should the 'loser' be required to pay the 'winners' costs. If so, since the father won in the previous court I can't see how the lawsuit was frivilous.
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Fern
You misunderstood or are confusing court costs with actual legal fees. Under the American justice system actual full legal expenses (including actual attorney fees) are ony awarded in two situations: (1) where the underlying statute specifically allows it (example is discrimination cases) and (2) some states and the federal court system allow them in actions that are brought frivilously. I doubt the fivilous lawsuit rule was applied here-it's not mentioned in the article, it's extremely hard to prevail (the firm I was with had to defend hundreds of these claims and only once did I ever see our claim for frivilous claim fees win-the second time the person ligitgated the same claim and we ended up before the same federal judge).
Court costs are awarded in all cases that reach a final decision, unless they are waived by the prevailing party. The amount of court costs is specifically set by rules, for example, $xx cente per page of the transcripts paid for by the prevailing party.
Also these aren't different cases, they are the same case. The father won at the trial court, it was reversed on appeal. A further appeal of the same case is pending before the US Supreme Court.
As to the underlying merits of the case, I haven't read the record or the briefs so I can't give a full opinion, but personally I am inclined our Constitutional rights so I'm inclined to support the Fourth Circuit's decision. There's an old saying "Hard cases make bad law" and I'd hate to see all of our freedoms permanently diminished to get retailiation against this wacko cult.