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GADDIS v. U.S.

No. 02-41655.

381 F.3d 444 (2004)

Carlton GADDIS and Latanza Gaddis, Individually and as Next Friend of Courtlin Gaddis, a Minor; Courtlin Gaddis, a Minor, Plaintiffs-Appellees, v. UNITED STATES of America, et al., Defendants, United States of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 12, 2004.

Attorney(s) appearing for the Case

Paul F. Ferguson, Jr. (argued), James Erick Payne, Gregory F. Cox, Provost Umphrey, Beaumont, TX, for Carlton Gaddis, Latanza Gaddis and Courtlin Gaddis.

George Emerson Bean (argued), Chambers, Templeton, Cashiola & Thomas, Beaumont, TX, for Courtlin Gaddis.

William George Cole (argued), U.S. Dept. of Justice, Civ. Div.-Appellate Staff, Washington, DC, for Defendant-Appellant.

Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, and PICKERING, Circuit Judges.

DeMOSS, Circuit Judge:

We took this case en banc to consider whether guardian ad litem fees could be taxed against the government in a Federal Tort Claims Act ("FTCA") case, in light of Crawford Fitting Co. v. J.T. Gibbons, Inc., 482 U.S. 437, 107 S.Ct. 2494, 96 L.Ed.2d 385 (1987). For the reasons that follow, we conclude that federal district courts may continue to choose to tax guardian ad litem fees as...

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