marx
general
revenue
argued
november
decided
february
petitioner
marx
filed
suit
alleging
general
revenue
corporation
grc
violated
fair
debt
collection
practices
act
fdcpa
harassing
falsely
threatening
order
collect
debt
district
ruled
marx
awarded
grc
costs
pursuant
federal
rule
civil
procedure
frcp
gives
district
courts
discretion
award
costs
prevailing
defendants
nless
federal
statute
provides
otherwise
marx
sought
vacate
award
arguing
discretion
rule
displaced
provides
pertinent
part
finding
action
section
brought
bad
faith
purpose
harassment
may
award
defendant
attorney
fees
reasonable
relation
work
expended
costs
district
rejected
marx
argument
tenth
circuit
affirmed
pertinent
part
agreeing
costs
allowed
rule
concluding
nothing
statute
text
history
purpose
indicates
meant
displace
rule
held
section
contrary
thus
displace
district
discretion
award
costs
rule
pp
rule
gives
courts
discretion
award
costs
prevailing
parties
discretion
displaced
federal
statute
frcp
provides
otherwise
contrary
rule
contrary
argument
marx
amicus
language
original
version
rule
suggest
express
provision
costs
displace
rule
regardless
whether
contrary
rule
pp
section
language
context
demonstrate
provision
contrary
rule
pp
grc
argues
since
address
whether
costs
may
awarded
fdcpa
case
brought
good
faith
set
forth
standard
contrary
rule
therefore
displace
presumption
discretion
award
costs
marx
concede
statute
expressly
limit
discretion
award
costs
rule
argue
negative
implication
claim
unless
sets
forth
exclusive
basis
award
costs
phrase
costs
superfluous
rule
also
argues
specific
cost
statute
displaces
rule
general
rule
pp
argument
marx
depends
critically
whether
allowance
costs
creates
negative
implication
costs
unavailable
circumstances
expressio
unius
canon
invoke
apply
unless
fair
suppose
congress
considered
unnamed
possibility
meant
say
barnhart
peabody
coal
overcome
contrary
indications
adopting
particular
rule
statute
probably
meant
signal
exclusion
vonn
context
indicates
congress
intend
foreclose
courts
awarding
costs
rule
first
american
rule
litigant
generally
pays
attorney
fees
long
recognized
federal
courts
inherent
power
award
attorney
fees
narrow
set
circumstances
party
brings
action
bad
faith
statute
thus
best
read
codifying
authority
award
attorney
fees
costs
next
second
sentence
must
understood
light
first
provides
award
attorney
fees
costs
prevailing
plaintiffs
adding
costs
second
sentence
congress
foreclosed
argument
defendants
recover
attorney
fees
plaintiffs
bring
action
bad
faith
removed
doubt
defendants
may
recover
costs
well
attorney
fees
cases
finally
language
sharply
contrasts
statutes
congress
placed
conditions
awarding
costs
prevailing
defendants
see
pp
even
assuming
surplusage
argument
correct
canon
surplusage
absolute
first
canon
assists
competing
interpretation
gives
effect
every
clause
word
statute
microsoft
partnership
interpretation
gives
effect
every
word
second
redundancy
unusual
statutes
addressing
costs
see
finally
canon
strongest
interpretation
render
superfluous
another
part
statutory
scheme
part
rule
force
canon
diminished
pp
lastly
contrary
claim
specific
standards
displace
general
ones
context
statute
indicates
congress
simply
confirming
background
presumption
courts
may
award
defendants
attorney
fees
costs
plaintiff
brings
action
bad
faith
marx
bring
suit
bad
faith
specific
provision
applicable
pp
affirmed
thomas
delivered
opinion
roberts
scalia
kennedy
ginsburg
breyer
alito
joined
sotomayor
filed
dissenting
opinion
kagan
joined
opinion
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
washington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
olivea
marx
petitioner
general
revenue
corporation
writ
certiorari
appeals
tenth
circuit
february
justice
thomas
delivered
opinion
federal
rule
civil
procedure
gives
district
courts
discretion
award
costs
prevailing
defendants
nless
federal
statute
provides
otherwise
fair
debt
collection
practices
act
fdcpa
stat
provides
finding
action
section
brought
bad
faith
purpose
harassment
may
award
defendant
attorney
fees
reasonable
relation
work
expended
costs
case
presents
question
whether
provides
otherwise
rule
conclude
provid
otherwise
thus
district
may
award
costs
prevailing
defendants
fdcpa
cases
without
finding
plaintiff
brought
case
bad
faith
purpose
harassment
petitioner
olivea
marx
defaulted
student
loan
guaranteed
edfund
division
california
student
aid
commission
september
edfund
hired
respondent
general
revenue
corporation
grc
collect
debt
one
month
later
marx
filed
fdcpa
enforcement
action
marx
alleged
grc
violated
fdcpa
harassing
phone
calls
several
times
day
falsely
threatening
garnish
wages
take
money
owed
directly
bank
account
shortly
complaint
filed
grc
made
offer
judgment
federal
rule
civil
procedure
pay
marx
plus
reasonable
attorney
fees
costs
settle
claims
marx
respond
offer
subsequently
amended
complaint
add
claim
grc
unlawfully
sent
fax
workplace
requested
information
employment
status
following
bench
trial
district
found
marx
failed
prove
violation
fdcpa
prevailing
party
grc
submitted
bill
costs
seeking
witness
fees
witness
travel
expenses
deposition
transcript
fees
disallowed
several
items
costs
pursuant
federal
rule
civil
procedure
ordered
marx
pay
grc
marx
filed
motion
vacate
award
costs
arguing
lacked
authority
award
costs
rules
sets
forth
exclusive
basis
awarding
costs
fdcpa
section
provides
relevant
part
finding
action
section
brought
bad
faith
purpose
harassment
may
award
defendant
attorney
fees
reasonable
relation
work
expended
costs
marx
argued
found
brought
case
bad
faith
purpose
harassment
grc
entitled
costs
district
rejected
marx
argument
concluding
displace
discretion
award
costs
rule
costs
also
awarded
rule
tenth
circuit
affirmed
agreed
part
district
reasoning
particular
disagreed
costs
allowed
rule
explained
rule
applies
district
enters
judgment
favor
plaintiff
less
amount
settlement
offer
plaintiff
loses
outright
ibid
citing
delta
air
lines
august
district
entered
judgment
favor
marx
concluded
costs
allowed
rule
nevertheless
found
costs
allowed
rule
grants
district
courts
discretion
award
costs
prevailing
parties
unless
federal
statute
federal
rules
civil
procedure
provide
otherwise
describing
venerable
presumption
prevailing
parties
entitled
costs
concluded
nothing
text
history
purpose
indicated
meant
displace
rule
judge
lucero
dissented
arguing
sensible
reading
district
may
award
costs
defendant
upon
finding
action
brought
bad
faith
purpose
harassment
read
otherwise
rendered
phrase
costs
superfluous
emphasis
original
granted
certiorari
resolve
conflict
among
circuits
regarding
whether
prevailing
defendant
fdcpa
case
may
awarded
costs
lawsuit
brought
bad
faith
purpose
harassment
compare
case
rouse
law
offices
rory
clark
affirm
judgment
tenth
circuit
ii
statutory
construction
cases
ordinary
meaning
statutory
language
accurately
expresses
legislative
purpose
hardt
reliance
standard
life
ins
slip
quoting
gross
fbl
financial
services
alteration
original
case
must
construe
rule
assess
relationship
rule
straightforward
provides
relevant
part
unless
federal
statute
rules
order
provides
otherwise
costs
attorney
fees
allowed
prevailing
party
tenth
circuit
correctly
recognized
rule
codifies
venerable
presumption
prevailing
parties
entitled
notwithstanding
presumption
word
makes
clear
decision
whether
award
costs
ultimately
lies
within
sound
discretion
district
see
taniguchi
kan
pacific
saipan
slip
federal
rule
civil
procedure
gives
courts
discretion
award
costs
prevailing
parties
rule
also
makes
clear
however
discretion
displaced
federal
statute
federal
rule
civil
procedure
provides
otherwise
statute
provides
otherwise
rule
contrary
rule
see
moore
moore
federal
practice
ed
hereinafter
moore
rule
grants
district
courts
discretion
award
costs
statute
contrary
rule
limits
discretion
statute
may
limit
discretion
several
ways
need
expressly
state
displacing
rule
instance
statute
providing
plaintiffs
shall
liable
costs
contrary
rule
precludes
awarding
costs
prevailing
defendants
see
petitioner
shall
liable
costs
district
similarly
statute
providing
plaintiffs
may
recover
costs
certain
conditions
contrary
rule
precludes
awarding
costs
prevailing
plaintiffs
conditions
satisfied
see
costs
shall
included
judgment
unless
proper
disclaimer
filed
patent
trademark
office
importantly
statutes
provide
costs
contrary
rule
statute
providing
may
award
costs
prevailing
party
example
contrary
rule
limit
discretion
see
moore
number
statutes
state
simply
may
award
costs
discretion
provision
contrary
rule
displace
discretion
rule
marx
amicus
curiae
suggest
statute
specifically
provides
costs
displaces
rule
regardless
whether
contrary
rule
brief
petitioner
brief
amicus
curiae
hereinafter
brief
relies
original
version
rule
provided
express
provision
therefor
made
either
statute
rules
costs
shall
allowed
course
prevailing
party
unless
otherwise
directs
quoting
rule
though
rules
committee
updated
language
rule
change
stylistic
advisory
committee
notes
supp
accordingly
asserts
express
provision
costs
displace
rule
persuaded
however
original
version
rule
interpreted
marx
suggest
original
language
meant
ensure
rule
displace
existing
costs
provisions
contrary
rule
prior
language
statutes
simply
permitted
award
costs
displace
rule
see
moore
moore
federal
practice
ed
hen
permissive
language
used
statute
regarding
costs
district
may
pursuant
rule
exercise
sound
discretion
relative
allowance
costs
rather
statutes
set
forth
standard
awarding
costs
different
rule
order
displace
rule
see
friedman
ganassi
holding
express
provision
rule
provide
alternative
standard
awarding
taxable
costs
original
version
rule
consistent
conclusion
statute
must
contrary
rule
order
displace
turn
whether
contrary
rule
language
context
surrounding
persuade
us
second
sentence
provides
finding
action
section
brought
bad
faith
purpose
harassment
may
award
defendant
attorney
fees
reasonable
relation
work
expended
costs
grc
contends
statute
address
whether
costs
may
awarded
case
plaintiff
brought
case
good
faith
thus
set
forth
standard
awarding
costs
contrary
rule
view
congress
intended
deter
plaintiffs
bringing
nuisance
lawsuits
therefore
expressly
provided
plaintiffs
bring
action
bad
faith
purpose
harassment
may
award
attorney
fees
costs
defendant
statute
address
type
case
cases
plaintiff
brings
action
bad
faith
purpose
harassment
silent
bad
faith
purpose
harassment
absent
silence
displace
background
rule
discretion
award
costs
marx
take
contrary
view
concede
language
expressly
limit
discretion
award
costs
rule
brief
petitioner
brief
argue
negative
implication
invoking
expressio
unius
canon
statutory
construction
contend
specifying
may
award
attorney
fees
costs
action
brought
bad
faith
purpose
harassment
congress
intended
preclude
awarding
fees
costs
bad
faith
purpose
harassment
absent
argue
unless
sets
forth
exclusive
basis
may
award
costs
phrase
costs
superfluous
according
argument
congress
reason
specify
may
award
costs
plaintiff
brings
action
bad
faith
nevertheless
awarded
costs
rule
finally
argues
specific
cost
statute
displaces
rule
general
rule
context
surrounding
persuades
us
grc
interpretation
correct
argument
marx
depends
critically
whether
allowance
costs
creates
negative
implication
costs
unavailable
circumstances
force
negative
implication
however
depends
context
long
held
expressio
unius
canon
apply
unless
fair
suppose
congress
considered
unnamed
possibility
meant
say
barnhart
peabody
coal
canon
overcome
contrary
indications
adopting
particular
rule
statute
probably
meant
signal
exclusion
vonn
case
context
persuades
us
congress
intend
foreclose
courts
awarding
costs
rule
first
background
presumptions
governing
attorney
fees
costs
highly
relevant
contextual
feature
already
explained
rule
prevailing
party
entitled
recover
costs
losing
party
unless
federal
statute
federal
rules
civil
procedure
order
provides
otherwise
opposite
presumption
exists
respect
attorney
fees
bedrock
principle
known
american
rule
ach
litigant
pays
attorney
fees
win
lose
unless
statute
contract
provides
otherwise
hardt
slip
quoting
ruckelshaus
sierra
club
notwithstanding
american
rule
however
long
recognized
federal
courts
inherent
power
award
attorney
fees
narrow
set
circumstances
including
party
brings
action
bad
faith
see
chambers
nasco
explaining
inherent
power
award
attorney
fees
party
whose
litigation
efforts
directly
benefit
others
sanction
willful
disobedience
order
sanction
party
acted
bad
faith
vexatiously
wantonly
oppressive
reasons
alyeska
pipeline
service
wilderness
society
undisputed
leaves
background
rules
attorney
fees
intact
statute
provides
plaintiff
brings
action
bad
faith
may
award
attorney
fees
defendant
noted
inherent
power
award
fees
based
litigant
bad
faith
even
without
see
chambers
supra
codifies
background
rule
attorney
fees
dubious
infer
congressional
intent
override
background
rule
respect
costs
statute
best
read
codifying
authority
award
attorney
fees
next
second
sentence
must
understood
light
sentence
precedes
first
sentence
provides
defendants
violate
fdcpa
liable
plaintiff
attorney
fees
costs
second
sentence
similarly
provides
plaintiffs
bring
action
bad
faith
purpose
harassment
may
liable
defendant
fees
costs
congress
excluded
costs
second
sentence
plaintiffs
might
argued
expression
costs
first
sentence
exclusion
costs
second
meant
defendants
recover
attorney
fees
plaintiffs
bring
action
bad
faith
adding
costs
second
sentence
congress
foreclosed
argument
thereby
removing
doubt
defendants
may
recover
costs
well
attorney
fees
plaintiffs
bring
suits
bad
faith
see
ali
federal
bureau
prisons
explaining
phrase
superfluous
used
remove
doubt
issue
fort
stewart
schools
flra
explaining
technically
unnecessary
examples
may
inserted
abundance
caution
fact
might
negative
implication
costs
precluded
depending
whether
congress
included
excluded
phrase
costs
weighs
giving
effect
implied
limitation
finally
language
sharply
contrasts
statutes
congress
placed
conditions
awarding
costs
prevailing
defendants
see
costs
shall
included
judgment
unless
proper
disclaimer
filed
patent
trademark
office
prior
commencement
action
emphasis
added
action
brought
judicial
officer
officer
shall
held
liable
costs
unless
action
clearly
excess
officer
jurisdiction
emphasis
added
although
congress
need
use
explicit
language
limit
discretion
rule
use
explicit
language
statutes
cautions
inferring
limitation
statutes
confirm
congress
knows
limit
discretion
rule
desires
see
small
thomas
dissenting
explaining
congress
explicit
use
language
provisions
shows
specifies
restrictions
wants
congress
intended
second
sentence
displace
rule
easily
done
using
word
setting
forth
condition
finding
action
brought
bad
faith
purpose
harassment
discussion
suggests
also
persuaded
marx
objection
interpretation
renders
phrase
costs
superfluous
noted
supra
phrase
costs
superfluous
congress
included
remove
doubt
defendants
may
recover
costs
plaintiffs
bring
suits
bad
faith
even
assuming
interpretation
renders
phrase
costs
superfluous
alter
conclusion
canon
surplusage
absolute
rule
see
arlington
central
school
dist
bd
ed
murphy
generally
presumed
statutes
contain
surplusage
instances
surplusage
unknown
connecticut
nat
bank
germain
redundancies
across
statutes
unusual
events
drafting
considerably
less
force
case
first
canon
surplusage
assists
competing
interpretation
gives
effect
every
clause
word
statute
microsoft
partnership
slip
internal
quotation
marks
omitted
case
interpretation
gives
effect
every
word
marx
admit
inherent
power
award
attorney
fees
defendant
plaintiff
brings
action
bad
faith
consequently
need
congress
specify
courts
power
superfluous
insofar
addresses
attorney
fees
light
redundancy
overly
concerned
reference
costs
may
redundant
well
second
redundancy
hardly
unusual
statutes
addressing
costs
see
slip
numerous
statutes
overlap
rule
see
may
award
prevailing
party
costs
action
supp
consumer
financial
protection
bureau
may
recover
costs
connection
prosecuting
action
prevailing
party
action
ed
may
award
costs
suit
reasonable
fees
attorneys
expert
witnesses
prevailing
party
case
successful
action
discretion
may
award
costs
action
may
award
prevailing
party
costs
supp
may
also
discretion
award
costs
attorneys
fees
prevailing
party
ed
may
discretion
allow
reasonable
attorney
fee
paid
defendant
costs
action
discretion
may
allow
prevailing
party
reasonable
attorney
fee
costs
discretion
may
allow
prevailing
party
reasonable
attorney
fee
costs
may
award
litigation
costs
reasonably
incurred
finally
canon
surplusage
strongest
interpretation
render
superfluous
another
part
statutory
scheme
cf
jicarilla
apache
nation
slip
cases
noted
past
hesitant
adopt
interpretation
congressional
enactment
renders
superfluous
another
portion
quoting
mackey
lanier
collection
agency
service
part
rule
force
canon
diminished
lastly
contends
establishes
explicit
standards
displace
rule
general
default
standard
brief
see
also
ec
term
years
trust
precisely
drawn
detailed
statute
general
quoting
brown
gsa
accept
argument
negative
implication
argument
might
persuasive
context
indicates
congress
simply
confirming
background
rule
courts
may
award
defendants
attorney
fees
costs
plaintiff
brings
action
bad
faith
statute
speaks
one
type
case
case
harassing
plaintiff
marx
bring
suit
bad
faith
case
fal
within
ambit
specific
provision
brief
see
also
radlax
gateway
hotel
llc
amalgamated
bank
slip
conduct
issue
falls
within
scope
provisions
specific
presumptively
governs
emphasis
original
accordingly
canon
inapplicable
iii
conclude
second
sentence
contrary
rule
thus
displace
district
discretion
award
costs
rule
need
address
grc
alternative
argument
costs
required
rule
judgment
appeals
affirmed
ordered
sotomayor
dissenting
olivea
marx
petitioner
general
revenue
corporation
writ
certiorari
appeals
tenth
circuit
february
justice
sotomayor
justice
kagan
joins
dissenting
federal
rule
civil
procedure
default
standard
grants
district
courts
discretion
award
litigation
costs
prevailing
party
default
however
gives
way
federal
statute
includes
costs
provision
provides
otherwise
fair
debt
collection
practices
act
fdcpa
stat
et
contains
costs
provision
provides
otherwise
apparent
statute
plain
language
limits
discretion
award
costs
prevailing
defendants
cases
brought
bad
faith
purpose
harassment
reaching
opposite
conclusion
ignores
plain
meaning
fdcpa
rule
renders
statutory
language
issue
case
meaningless
respectfully
dissent
majority
correctly
recognizes
see
ante
fundamental
principle
statutory
construction
begin
language
statute
ron
pair
enterprises
ingalls
shipbuilding
director
office
workers
compensation
programs
caminetti
presume
congress
means
statute
says
connecticut
nat
bank
germain
statute
language
plain
sole
function
courts
enforce
according
terms
ron
pair
internal
quotation
marks
omitted
basic
tenet
appropriate
starting
point
interpreting
rule
invoking
principle
however
majority
casts
aside
entirely
interpreting
statute
rule
rule
relevant
nless
federal
statute
provides
otherwise
costs
attorney
fees
allowed
prevailing
party
first
question
means
statute
provid
otherwise
rule
phrase
provides
otherwise
defined
federal
rules
civil
procedure
look
ordinary
meaning
asgrow
seed
winterboer
common
usage
provide
otherwise
means
make
stipulation
differen
webster
third
new
international
dictionary
webster
third
defining
provide
otherwise
respectively
see
random
house
dictionary
english
language
ed
random
house
arrange
stipulate
another
manner
oxford
english
dictionary
ed
oxford
dictionary
stipulate
another
way
different
manner
reading
plain
text
confirmed
original
codification
rule
made
clear
express
provision
relating
costs
statute
sufficient
displace
accordingly
displace
rule
federal
statute
need
address
costs
way
different
necessarily
inconsistent
reason
straightforward
congress
enacted
provision
respect
costs
statute
longer
need
default
gives
way
design
rule
sensible
many
statutes
contain
specific
costs
provisions
moore
federal
practice
ed
noting
statutes
far
numerous
list
comprehensively
rule
therefore
consistent
canon
statutory
interpretation
precisely
drawn
detailed
statute
general
remedies
hinck
crawford
fitting
gibbons
erika
purporting
interpret
ordinary
meaning
rule
ante
majority
immediately
abandons
ordinary
meaning
majority
concludes
statute
provides
otherwise
purposes
rule
contrary
default
ante
majority
cite
even
single
dictionary
definition
support
reading
despite
principle
definition
widely
reflected
dictionaries
generally
governs
possible
lacking
dictionary
support
interpretation
majority
relies
instead
upon
treatise
published
nearly
years
rule
adoption
see
ante
citing
moore
moore
federal
practice
ed
otherwise
means
different
webster
third
see
supra
majority
preferred
term
art
contrary
sets
higher
bar
signifies
opposite
proposition
fact
condition
incompatible
another
webster
third
emphasis
added
see
also
american
heritage
dictionary
english
language
ed
opposed
character
purpose
oxford
dictionary
opposed
nature
tendency
diametrically
different
extremely
unlike
random
house
pposite
nature
character
diametrically
mutually
opposed
indeed
majority
reading
square
everyday
meaning
otherwise
consider
example
medication
labeled
instruction
take
twice
day
unless
otherwise
directed
doctor
advises
patient
take
medicine
morning
patient
understand
mean
take
medicine
day
morning
although
instruction
take
medication
morning
incompatible
taking
twice
day
taken
evening
well
ordinary
english
speaker
interpret
otherwise
mean
doctor
specific
instructions
entirely
supersede
printed
bottle
rule
default
supplanted
whenever
congress
provides
specific
instructions
diametrically
opposed
thus
straightforward
question
case
whether
implements
different
standard
respect
costs
rule
provides
otherwise
relevant
finding
action
section
brought
bad
faith
purpose
harassment
may
award
defendant
attorney
fees
reasonable
relation
work
expended
costs
readily
apparent
provision
different
default
rule
congress
described
specificity
single
circumstance
costs
may
awarded
far
merely
restating
district
discretion
award
costs
provision
imposes
prerequisite
exercise
discretion
finding
action
brought
bad
faith
purpose
harassment
text
plain
need
proceed
even
relevant
canons
statutory
interpretation
lend
added
support
reading
negative
implication
reading
accords
expressio
unius
exclusio
alterius
canon
instructs
congress
includes
one
possibility
statute
excludes
another
implication
see
chevron
echazabal
rule
reinforces
text
makes
clear
limiting
discretion
award
costs
cases
brought
bad
faith
purpose
harassment
congress
foreclosed
award
costs
petitioner
interpretation
statute
also
strongly
favored
rule
statutes
read
avoid
superfluity
basic
interpretative
canons
statute
constructed
effect
given
provisions
part
inoperative
superfluous
void
insignificant
corley
quoting
hibbs
winn
respondent
reading
mostly
acknowledges
renders
entire
sentence
meaningless
reiterates
powers
federal
courts
already
possess
respect
costs
attorney
fees
see
brief
respondent
majority
rejects
argument
citing
rule
canon
competing
interpretation
gives
effect
every
clause
word
statute
ante
quoting
microsoft
partnership
slip
view
neither
available
interpretations
eliminate
superfluity
attorney
fees
provision
redundant
reading
ante
canon
superfluity
surely
counsels
interpretation
renders
entire
provision
issue
superfluous
competing
interpretation
least
render
part
provision
meaningful
majority
observation
redundancy
unusual
ante
provisions
relating
costs
make
canon
inapplicable
congress
sometimes
drafts
redundant
language
respect
costs
congress
instead
drafted
specific
language
permits
award
costs
satisfaction
condition
interpreting
negative
implication
consistent
construction
another
statute
includes
similar
language
cooper
industries
aviall
services
opinion
thomas
considered
provision
comprehensive
environmental
response
compensation
liability
act
provided
ny
person
may
seek
contribution
civil
action
section
title
emphasis
added
rejected
argument
word
may
indicated
civil
action
one
exclusive
circumstance
right
contribution
available
instead
adopted
natural
reading
text
holding
party
ability
seek
contribution
limited
phrase
civil
action
contribution
available
lawsuit
pending
ibid
logic
applies
imposes
closely
analogous
condition
discretion
award
costs
first
sentence
underscores
congress
implemented
different
rule
rule
sentence
provides
debt
collector
violates
fdcpa
liable
prevailing
plaintiff
costs
action
together
reasonable
attorney
fee
determined
sentence
makes
losing
defendant
always
liable
costs
action
clear
departure
rule
discretionary
default
cf
taniguchi
kan
pacific
saipan
slip
congress
deviated
rule
first
sentence
reasonable
reading
sentence
immediately
follows
rule
prevailing
defendants
takes
similar
path
majority
believes
reading
costs
provision
follows
first
sentence
well
different
reason
ante
suggests
congress
included
costs
second
sentence
plaintiff
might
able
argue
inclusion
costs
first
sentence
exclusion
costs
second
indicated
defendants
recover
fees
action
brought
bad
faith
majority
speculates
congress
included
costs
second
sentence
foreclose
argument
text
previous
sentence
makes
plain
however
second
sentence
departs
rule
default
majority
offers
evidence
support
supposition
congress
intended
different
moreover
see
basis
invoking
potential
confusion
indulging
speculation
explain
away
words
congress
chose
ante
members
majority
expressed
doubt
relevance
legislative
history
claiming
relying
upon
analogous
entering
crowded
cocktail
party
looking
one
friends
conroy
aniskoff
scalia
concurring
judgment
speculating
whole
cloth
congressional
intent
majority
surely
problematic
majority
saved
trouble
look
friends
party
simply
invites
ii
reduced
essence
majority
analysis
turns
reading
context
calls
venerable
presumption
prevailing
parties
entitled
costs
see
ante
even
appropriate
consider
background
presumption
rather
reading
plain
text
issue
majority
characterization
presumption
best
incomplete
first
suggestion
presumption
regarding
costs
venerable
one
american
law
overstatement
ibid
true
majority
points
prior
federal
rules
prevailing
parties
entitled
costs
right
actions
law
courts
discretion
award
costs
equity
proceedings
ante
see
wright
miller
doctrine
governing
costs
law
carved
important
exception
statutory
provisions
set
forth
different
statute
courts
simply
apply
assessment
background
principles
underlying
approach
majority
glosses
longstanding
expectation
congress
often
enacts
different
rules
respect
costs
rules
govern
second
rule
embraces
exception
specifies
statute
displace
default
rule
repeat
rule
merely
enacts
default
standard
applies
unless
among
things
statute
rule
provides
otherwise
reasons
explained
congress
enacted
exactly
statute
clear
text
conditions
award
costs
satisfaction
condition
previous
sentence
provision
breaks
default
plain
text
rule
dictates
result
case
accordingly
reverse
tenth
circuit
hold
provides
otherwise
rule
district
award
costs
prevailing
defendant
fdcpa
action
except
upon
showing
action
brought
bad
faith
purpose
harassment
respectfully
dissent
footnotes
fdcpa
consumer
protection
statute
prohibits
certain
abusive
deceptive
unfair
debt
collection
practices
see
fdcpa
provision
authorizes
aggrieved
person
recover
damages
debt
collector
fails
comply
provision
fdcpa
rule
defendant
makes
settlement
offer
plaintiff
rejects
later
obtains
judgment
less
favorable
one
offered
plaintiff
must
pay
costs
incurred
defendant
offer
made
see
fed
rule
civ
proc
judgment
offeree
finally
obtains
favorable
unaccepted
offer
offeree
must
pay
costs
incurred
offer
made
prior
adoption
federal
rules
prevailing
parties
entitled
costs
right
actions
law
courts
discretion
award
costs
equity
proceedings
see
ex
parte
peterson
equity
proceedings
allowance
imposition
costs
unless
controlled
statute
rule
matter
discretion
uniformly
held
actions
law
prevailing
party
entitled
costs
right
except
cases
express
statutory
provision
established
principles
costs
denied
citation
omitted
mansfield
swan
long
established
practice
universally
recognized
rule
common
law
actions
law
prevailing
party
entitled
recover
judgment
costs
dissent
provides
stable
definition
provides
otherwise
first
argues
statute
provides
otherwise
different
rule
post
opinion
sotomayor
interpretation
renders
rule
meaningless
every
statute
different
insofar
exact
copy
rule
next
argues
statute
provides
otherwise
provision
relating
costs
post
view
statute
providing
may
award
costs
prevailing
party
provide
otherwise
think
statute
provides
otherwise
provides
treatise
dissent
relies
supports
view
see
wright
miller
kane
federal
practice
procedure
ed
supp
statutes
permissive
character
inconsistent
discretion
given
district
rule
finally
dissent
seems
implicitly
accept
otherwise
means
contrary
course
arguing
doctor
instruction
take
medication
supersede
instruction
medication
label
twice
day
unless
otherwise
directed
patient
understand
doctor
advice
mean
take
medicine
day
morning
post
patient
understands
doctor
mean
day
morning
agree
advice
provide
otherwise
doctor
order
contrary
label
instruction
reasons
set
forth
part
however
convinced
contrary
rule
undisputed
grc
entitled
costs
district
find
marx
brought
action
bad
faith
rule
independently
authorizes
district
courts
award
costs
prevailing
parties
question
case
whether
costs
allowed
whether
precludes
award
costs
rule
indeed
congress
intended
foreclose
discretion
award
costs
chosen
circuitous
way
statute
sets
forth
circumstances
may
award
costs
marx
view
consequence
statute
set
forth
circumstances
may
award
costs
section
provides
except
otherwise
provided
section
debt
collector
fails
comply
provision
subchapter
respect
person
liable
person
amount
equal
sum
actual
damages
sustained
person
result
failure
case
action
individual
additional
damages
may
allow
exceeding
case
class
action
amount
named
plaintiff
recovered
subparagraph
ii
amount
may
allow
class
members
without
regard
minimum
individual
recovery
exceed
lesser
per
centum
net
worth
debt
collector
case
successful
action
enforce
foregoing
liability
costs
action
together
reasonable
attorney
fee
determined
finding
action
section
brought
bad
faith
purpose
harassment
may
award
defendant
attorney
fees
reasonable
relation
work
expended
costs
marx
also
suggests
similar
pipeline
safety
act
provides
may
award
costs
prevailing
defendant
action
unreasonable
frivolous
meritless
never
occasion
interpret
interaction
rule
marx
grc
also
spar
purpose
brief
petitioner
brief
reply
brief
brief
respondent
marx
contend
congress
intended
limit
discretion
award
costs
prevailing
defendants
fdcpa
plaintiffs
often
poor
may
deterred
challenging
unlawful
debt
collection
practices
possibility
held
liable
defendant
costs
purposive
argument
overcome
language
context
even
find
unpersuasive
rule
require
courts
award
costs
prevailing
defendants
district
courts
may
appropriately
consider
fdcpa
plaintiff
indigency
deciding
whether
award
costs
see
badillo
central
steel
wire
within
discretion
district
consider
plaintiff
indigency
denying
costs
rule
footnotes
original
codification
rule
provided
xcept
express
provision
therefor
made
either
statute
rules
costs
shall
allowed
course
prevailing
party
unless
otherwise
directs
ante
quoting
rule
emphasis
added
internal
quotation
marks
omitted
language
rule
later
revised
current
form
majority
acknowledges
rules
committee
indicated
changes
ibid
quoting
advisory
committee
notes
supp
see
wright
miller
kane
federal
practice
procedure
ed
supp
hereinafter
wright
miller
rule
provides
ordinarily
prevailing
party
shall
allowed
costs
attorney
fees
unless
provision
costs
made
federal
statute
civil
rules
emphasis
added
see
mci
telecommunications
american
telephone
telegraph
opinion
scalia
rejecting
argument
alternative
definition
control
meaning
modify
irtually
every
dictionary
aware
says
modify
means
change
moderately
minor
fashion
majority
suggests
canon
apply
aids
fair
suppose
congress
considered
unnamed
possibility
meant
say
ante
quoting
barnhart
peabody
coal
best
evidence
congressional
intent
however
statutory
text
congress
enacted
west
virginia
univ
hospitals
casey
plain
language
makes
clear
congress
meant
foreclose
possible
meanings
see
supra
see
telemarketing
consumer
fraud
abuse
prevention
act
may
award
costs
suit
reasonable
fees
attorneys
expert
witnesses
prevailing
party
fair
housing
act
civil
action
discretion
may
allow
prevailing
party
reasonable
attorney
fee
costs
see
also
failure
recover
jurisdictional
amount
majority
explain
speculation
legislative
intent
persuasive
solicitor
general
view
saddling
potential
plaintiffs
costs
undermine
fdcpa
enforcement
brief
amicus
curiae
quoting
jerman
carlisle
mcnellie
rini
kramer
ulrich
slip
solicitor
general
interpretation
recoveries
cases
certain
large
consumers
may
deterred
bringing
fdcpa
claims
faced
risk
paying
costs
see
brief
outcome
thwart
congress
expectation
fdcpa
primarily
enforced
consumers
ibid
see
ex
parte
peterson
actions
law
prevailing
party
entitled
costs
right
except
cases
express
statutory
provision
established
principles
costs
denied
emphasis
added
see
also
treadwell
sdny
prevailing
party
shall
entitled
costs
cases
unless
otherwise
expressly
provided
law
emphasis
added
internal
quotation
marks
omitted
payne
costs
common
law
actions
federal
courts
rev
reason
numerous
changes
acts
congress
respecting
costs
many
older
cases
safe
precedents
care
exercised
therefore
make
intelligent
use
cases
decided
prior
enactment
various
statutes