IN RE PAOLI R.R. YARD PCB LITIGATION

No. 99-1692.

221 F.3d 449 (2000)

In re PAOLI RAILROAD YARD PCB LITIGATION. Mabel Brown; George Burrell; Wallace D. Cummins; Sylvan C. Cohen; K. Louise Jones; James Lament; Christopher S. Brown; Cathlene Brown; Craig Brown; Margherita Barbetta; Mary Retta Johnson; Celeste Brown; Clemmon Brown; Cloyd Brown; Curtis Brown; John Ingram; Mary Alice Knight; William Butler; Matthew Cunningham, Appellants.

United States Court of Appeals, Third Circuit.

Filed August 10, 2000.

As Amended September 15, 2000.


Attorney(s) appearing for the Case

Joseph C. Kohn, Martin J. D'Urso, (Argued), Craig W. Hillwig, Kohn, Swift, & Graf, P.C., Arnold E. Cohen, Klehr, Harrison, Harvey, Branzburg & Ellers, Philadelphia, PA, Counsel for Appellants Mabel Brown, George Albert Burrell, Wallace D. Cummins, Sylvan C. Cohen, K. Louise Jones, James Lament, John Ingram, Sr., Mary Alice Knight, William Butler, Matthew Cunningham

D. Bruce Hanes, D. Bruce Hanes, P.C., Philadelphia, PA, Counsel for Appellants Christopher S. Brown, Cathlene Brown, Craig Brown, Margherita Barbetta, Mary Retta Johnson, Clemmon Brown, Cloyd Brown, Curtis Brown, Jr.

Thomas M. Goodman, David E. Sandel, Jr., (Argued), Robert Toland, II, White and Williams, LLP, Philadelphia, PA, Counsel for Appellee Monsanto Company

Jerome J. Shestack, Barry M. Klayman, Wolf, Block, Schorr & Solis-Cohen, LLP, Philadelphia, PA, Counsel for Appellee CBS Corporation, formerly known as Westinghouse Electric Corporation

Steven R. Kuney, Robert Shaughnessy, Williams & Connolly, Washington, DC, Stephen M. McManus, McCormick & Priore, Philadelphia, PA, Counsel for Appellee General Electric Company

Jonathan W. Miller, Greitzer and Locks, Philadelphia, PA, Counsel for Amicus Curiae Pennsylvania Trial Lawyers Association.

Before: BECKER, Chief Judge, WEIS, and OAKES, Circuit Judges.


OPINION OF THE COURT

BECKER, Chief Judge.

These consolidated appeals from an order of the District Court upholding a large award of costs against the losing parties after trial in a long-running toxic tort case present a number of issues pertaining to costs awards. Most of them are quite technical. Of especial interest and importance are questions dealing with the extent to which the court may consider the relative indigence of the losing party in determining...

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