## Facts

- Two consolidated federal cases involved prevailing defendants seeking to tax expert witness fees as costs against losing parties in amounts exceeding the statutory per diem.
- In an antitrust suit, Crawford Fitting and others prevailed; the district court taxed expert witness fees above the per‑day amount in 28 U.S.C. § 1821(b), reasoning that Fed. R. Civ. P. 54(d) allowed such discretion.
- The Fifth Circuit reversed, holding that § 1821(b) controlled and barred taxation beyond the statutory limit.
- In a federal civil rights suit, Champion International prevailed; the district court refused to tax expert witness fees above § 1821(b)’s per diem, and the court of appeals affirmed.
- The Supreme Court granted certiorari and consolidated the cases to resolve whether Rule 54(d) or 28 U.S.C. § 1920 permits taxing expert witness fees beyond § 1821(b) without explicit authorization.

## Issues

1. Whether a federal court may tax expert witness fees as “costs” in excess of the limit set by 28 U.S.C. § 1821(b) based on Fed. R. Civ. P. 54(d) or 28 U.S.C. § 1920, absent explicit statutory or contractual authorization.
2. Whether § 1920 and Rule 54(d) provide independent authority to expand the amounts recoverable as witness fees beyond the schedule in § 1821.

## Decision

- The Court held, 7–2 (Rehnquist, C.J.), that when a prevailing party seeks reimbursement for expert witness fees, the court is bound by § 1821(b)’s limit absent contract or explicit statutory authority to the contrary.
- Rule 54(d) was interpreted to confer discretion only to award or deny costs within the categories authorized by statute, not to exceed statutory limits.
- Section 1920 was construed to define “costs” for purposes of Rule 54(d) and to enumerate taxable categories; it does not authorize amounts beyond those set by § 1821 for witness fees.
- The Court disapproved dictum suggesting broader discretion to tax items beyond § 1920.
- Justice Marshall, joined by Justice Brennan, dissented, favoring broader discretion under Rule 54(d) to account for modern litigation needs.

## Legal Principles

- A prevailing party’s taxable expert witness fees are limited to the witness-fee schedule in 28 U.S.C. § 1821(b) unless a contract or explicit statute authorizes more.
- 28 U.S.C. § 1920 defines the universe of taxable “costs” referenced in Fed. R. Civ. P. 54(d); Rule 54(d) does not create an independent power to expand taxable costs.
- Rule 54(d) discretion is a power to deny or reduce costs within statutory categories, not a power to override express congressional limits on amounts.
- Courts may not increase a losing party’s liability for costs beyond clear congressional authorization.

## Conclusion

The Court limited federal cost taxation for expert witnesses to the amounts specified in § 1821(b), holding that Rule 54(d) and § 1920 do not permit courts to shift expert fees beyond the statutory cap without explicit statutory or contractual authority.


Crawford Fitting Co. v. J.T. Gibbons, Inc., 482 U.S. 437 (1987)