ASHLEY W. v. HOLCOMB

No. 21-3028.

40 F.4th 593 (2022)

ASHLEY W., et al., Plaintiffs-Appellees, v. Eric HOLCOMB, Governor of Indiana, et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided July 11, 2022.


Attorney(s) appearing for the Case

Kristen Leigh Bokhan , Kirkland & Ellis LLP, Attorney, Washington, DC, Aaron H. Marks , Attorney, Kirkland & Ellis LLP, New York, NY, Marcia Robinson Lowry , Attorney, A Better Childhood, Inc., New York, NY, for Plaintiffs-Appellees.

John Robert Maley , Peter J. Rusthoven , Dylan Alexander Pittman , Attorneys, Barnes & Thornburg LLP, Indianapolis, IN, Julia Catherine Payne, Esq. , Thomas M. Fisher , Melinda R. Holmes , Attorneys, Office of the Attorney General, Indianapolis, IN, for Defendants-Appellants.

David R. Carpenter , Attorney, Sidley Austin LLP, Los Angeles, CA, for Amicus Curiae Nonprofit Child Advocacy Organizations.


Appellants (collectively Indiana) prevailed in this appeal, 34 F.4th 588 (7th Cir. 2022), and filed a bill of costs under Fed. R. App. P. 39(a)(3), which provides that "if a judgment is reversed, costs are taxed against the appellee". But they did not request costs from the appellees, who are children. Instead...

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