Gaddis v. United States, 381 F.3d 444 (5th Cir. 2003). · Go Syfert
Gaddis v. United States, 381 F.3d 444 (5th Cir. 2003). Cases Citing This Book View Copy Cite
93 citation events (93 in the last 25 years) across 20 distinct courts.
Strongest positive: Ninfa Andrea Davis, Individually and as next friend to R.O.H., a minor v. Prosper Independent School District and Peggy C. May (txed, 2025-12-11)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Ninfa Andrea Davis, Individually and as next friend to R.O.H., a minor v. Prosper Independent School District and Peggy C. May
E.D. Tex. · 2025 · confidence medium
Federal Rule of Civil Procedure 17 authorizes a court to appoint a guardian ad litem where “the interests of the [incapacitated person’s] general representatives . . . may conflict with the interests of the person . . . who might otherwise be represented by such general representatives.” Gaddis v. United States, 381 F.3d 444, 453 (5th Cir. 2004).
cited Cited as authority (rule) WeGrow AG LLC v. Mavco Energy, LLC; Danny Jones
W.D. Tex. · 2025 · confidence medium
Gaddis v. United States, 381 F.3d 444, 450 (5th Cir. 2004).
cited Cited as authority (rule) Anthony v. Welker
S.D. Miss. · 2025 · confidence medium
In response, Anthony argues the Fifth Circuit has “noted with approval” that Section 1920 allows awards of private process server fees as costs. [162] at 2; , 381 F.3d 444, 456 (5th Cir. 2004).
cited Cited as authority (rule) McPhail v. Lynchard
N.D. Miss. · 2024 · confidence medium
Gaddis v. United States, 381 F.3d 444, 454 (5th Cir. 2004).
discussed Cited as authority (rule) Johnson v. Callanen (2×)
W.D. Tex. · 2024 · confidence medium
Gaddis v. United States, 381 F.3d 444, 450 (5th Cir. 2004); see also Crawford Fitting Co. v. Gibbons, 482 U.S. 437, 441 (1987).
cited Cited as authority (rule) Maduhu v. Maduhu
W.D. Tex. · 2023 · confidence medium
Gaddis v. United States, 381 F.3d 444, 450 (5th Cir. 2004); see also Crawford Fitting Co. v. Gibbons, 482 U.S. 437, 441 (1987).
cited Cited as authority (rule) Warner v. Talos E R T L L C
W.D. La. · 2023 · confidence medium
Co., 381 F. App’x 421, 431 (5th Cir. 2010) (citing Gaddis v. United States, 381 F.3d 444, 456 (5th Cir. 2004)).
cited Cited as authority (rule) Amador v. United States
W.D. Tex. · 2022 · confidence medium
Gaddis v. United States, 381 F.3d 444, 450 (5th Cir. 2004); see also Crawford Fitting Co. v. Gibbons, 482 U.S. 437, 441 (1987).
discussed Cited as authority (rule) Aircraft Holding Solutions LLC v. Learjet Inc (2×)
N.D. Tex. · 2022 · confidence medium
Gaddis v. United States, 381 F.3d 444, 450 (5th Cir. 2004) (“[F]ederal courts are bound by the limitations set out in . . . § 1920.” (quoting Crawford Fitting Co. v. J.
cited Cited as authority (rule) Moses v. Wal-Mart Stores Texas, LLC
S.D. Tex. · 2022 · confidence medium
Gaddis v United States, 381 F3d 444, 453 (5th Cir 2004); see also FRCP Rule 17(c) & advisory committee notes (noting that 2007 amendments to Rule 17 “are intended to be stylistic only”).
discussed Cited as authority (rule) IN RE $109,151.53
W.D. Tex. · 2021 · confidence medium
Appointment of a guardian ad litem “is important not only to ensure that the minor’s rights and interests are fully protected in cases where the minor is otherwise represented and there may be conflicts of interest, but also to ensure that the minor has proper access to the federal judicial system at all.” Gaddis v. United States, 381 F.3d 444, 453-54 (5th Cir. 2004).
cited Cited as authority (rule) Union Pacific Railroad Company v. The American Railway & Airway Supervisors' Association
W.D. Tex. · 2021 · confidence medium
Gaddis v. United States, 381 F.3d 444, 450 (5th Cir. 2004); see also Crawford Fitting Co. v. Gibbons, 482 U.S. 437, 441 (1987).
discussed Cited as authority (rule) Earl v. The Boeing Company
E.D. Tex. · 2021 · confidence medium
Courts interpret statutes “according to their plain meaning,” In re Vitro S.A.B. de CV, 701 F.3d 1031, 1047 (5th Cir. 2012) (citing Gaddis v. United States, 381 F.3d 444, 472 (5th Cir. 2004)), because “deference to the supremacy of the Legislature, as well as recognition that [c]ongressmen typically vote on the language of a bill, generally requires [courts] to assume that ‘the legislative purpose is expressed by the ordinary meaning of the words used,’” United States v. Locke, 471 U.S. 84, 95 (1985) (quoting Richards v. United States, 369 U.S. 1, 9 (1962)).
cited Cited as authority (rule) Lane v. United States
S.D.W. Va · 2019 · confidence medium
Va. Oct. 7, 2010) (citing Gaddis v. United States, 381 F.3d 444, 464 (5th Cir. 2004)).
cited Cited as authority (rule) RooR International BV v. AKS1 Enterprise Inc
S.D. Tex. · 2019 · confidence medium
Tex. Sept. 27, 2013) (citing Gaddis v. United States, 381 F.3d 444, 476 (Sth Cir. 2004)).
cited Cited as authority (rule) Danny B. Ex Rel. Elliott v. Raimondo
1st Cir. · 2015 · confidence medium
See Sam M., 608 F.3d at 91-92 ; Gaddis v. United States, 381 F.3d 444, 453-54 (5th Cir.2004) (en banc).
examined Cited as authority (rule) United States v. Joyce Simmons (5×) also: Cited "see"
5th Cir. · 2014 · confidence medium
Gaddis v. United States, 381 F.3d 444, 454-55 (5th Cir.2004) (en banc).
discussed Cited as authority (rule) Allstate Insurance v. Plambeck
N.D. Tex. · 2014 · confidence medium
The Fifth Circuit, sitting en banc, has explained that Supreme Court precedent regarding Section 1920 “limits judicial discretion with regard to the kind of expenses that may be recovered as costs; it does not, however, prevent courts from interpreting the meaning of the phrases used in § 1920.” Gaddis v. United States, 381 F.3d 444, 455 (5th Cir.2004) (en banc) (internal quotation marks omitted).
cited Cited as authority (rule) Ad Hoc Grp of Vitro Noteholder v. Vitro SAB de CV
5th Cir. · 2013 · confidence medium
Gaddis v. United States, 381 F.3d 444, 472 (5th Cir. 2004).
cited Cited as authority (rule) Vitro SAB de CV v. Ad Hoc Group of Vitro Notehold
5th Cir. · 2013 · confidence medium
Gaddis v. United States, 381 F.3d 444, 472 (5th Cir. 2004).
cited Cited as authority (rule) Fintech Investments, Limited v. Ad Hoc Group of Vi
5th Cir. · 2013 · confidence medium
Gaddis v. United States, 381 F.3d 444, 472 (5th Cir. 2004).
cited Cited as authority (rule) Fintech Investments, Limited v. Ad Hoc Group of Vi
5th Cir. · 2012 · confidence medium
Gaddis v. United States, 381 F.3d 444, 472 (5th Cir. 2004).
cited Cited as authority (rule) Ad Hoc Grp of Vitro Noteholder v. Vitro SAB de CV
5th Cir. · 2012 · confidence medium
Gaddis v. United States, 381 F.3d 444, 472 (5th Cir. 2004).
cited Cited as authority (rule) Vitro SAB de CV v. Ad Hoc Group of Vitro Notehold
5th Cir. · 2012 · confidence medium
Gaddis v. United States, 381 F.3d 444, 472 (5th Cir. 2004).
cited Cited as authority (rule) Ad Hoc Grp of Vitro Noteholder v. Vitro SAB de CV
5th Cir. · 2012 · confidence medium
Gaddis v. United States, 381 F.3d 444, 472 (5th Cir. 2004).
cited Cited as authority (rule) Ad Hoc Group of Vitro Noteholders v. Vitro S.A.B. De C.V.
5th Cir. · 2012 · confidence medium
Gaddis v. United States, 381 F.3d 444, 472 (5th Cir.2004).
cited Cited as authority (rule) Vitro SAB de CV v. Ad Hoc Group of Vitro Notehold
5th Cir. · 2012 · confidence medium
Gaddis v. United States, 381 F.3d 444, 472 (5th Cir. 2004).
discussed Cited as authority (rule) Baisden v. I'M READY PRODUCTIONS, INC.
S.D. Tex. · 2011 · confidence medium
Costs for Video and Stenographic Versions of Depositions Citing Gaddis v. United States, 381 F.3d 444, 476 (5th Cir.2004) (en banc), and Mota v. University of Texas Houston Health Science Center, 261 F.3d 512, 529-30 (5th Cir.2001), Baisden argues that “since § 1920 makes no provision for videotapes of depositions, recovery of such without prior authorization from the court is generally not allowed.” 11 Baisden’s argument fails to recognize that since the Fifth Circuit’s decisions in Gaddis and Mota , § 1920(2) has been amended to State that a court may tax as costs “fees for print…
cited Cited as authority (rule) Raimee Marmillion v. American International Insurance Co.
5th Cir. · 2010 · confidence medium
Gaddis v. United States, 381 F.3d 444, 456 (5th Cir. 2004).
cited Cited as authority (rule) Marmillion v. American International Insurance Co.
5th Cir. · 2010 · confidence medium
Gaddis v. United States, 381 F.3d 444, 456 (5th Cir.2004).
discussed Cited as authority (rule) Government of the Virgin Islands, In re Department of Human Services for the Temporary Care, Custody & Control of Francis
D.V.I. · 2009 · confidence medium
The Fifth Circuit has expounded on the important function of guardians ad litem, explaining that the Federal Rules of Civil Procedure authorize their appointment “where the interests of the minor’s general representatives . . . may conflict with the interests of the person . . . who might otherwise be represented by such general representatives.” Gaddis v. United States, 381 F.3d 444, 453 (5th Cir. 2004) (citations omitted); see also Pressman-Gutman Co., 459 F.3d at 400 (“[F]ederal courts always have had the power to appoint special representatives for persons whose general representat…
discussed Cited as authority (rule) Cook Children's Medical Center v. The New England Ppo Plan Of General Consolidated Management (2×) also: Cited "see"
3rd Cir. · 2007 · confidence medium
Co. of Conn., 465 F.3d 156, 162 (5th Cir.2006) (internal quotation marks and citations omitted). 7 Accordingly, we need not address Defendants' alternative arguments in favor of affirming the district court 8 Rule 17(c) provides in relevant part: "The court shall appoint a guardian ad litem for an infant or incompetent person not otherwise represented in an action or shall make such other order as it deems proper for the protection of the infant or incompetent person." 9 In Gaddis , this court concluded that we are not constrained to define "court appointed experts" as that term is used in Fed…
discussed Cited as authority (rule) Cook Children's Medical Center v. New England PPO Plan of General Consolidated Management, Inc. (2×) also: Cited "see"
5th Cir. · 2007 · confidence medium
In Gaddis , this court concluded that we are not constrained to define "court appointed experts” as that term is used in Federal Rule of Evidence 706. 381 F.3d at 456-57 ("While there is some indication in the legislative history that court appointed expert as used in § 1920(6) refers to a court appointed expert as appointed pursuant to Federal Rule of Evidence 706, the plain statutory language of § 1920(6) does not so narrowly limit the interpretation of court appointed expert.
discussed Cited as authority (rule) In Re Bufford
Bankr. N.D. Tex. · 2006 · confidence medium
If the language is clear, then the inquiry should end.” Gaddis v. United States, 381 F.3d 444, 472 (5th Cir.2004) (quoting Boyce v. Greenway (In re Greenway), 71 F.3d 1177, 1179 (5th Cir.1996) (internal quotations and citations omitted)).
cited Cited as authority (rule) Wise v. Kansas City Life Insurance
N.D. Miss. · 2006 · confidence medium
Gibbons, Inc., 482 U.S. 437, 441-42 , 107 S.Ct. 2494, 2497-98 , 96 L.Ed.2d 385 (1987); Gaddis v. United States, 381 F.3d 444, 450 (5th Cir.2004).
discussed Cited as authority (rule) United States v. Bevilacqua, Jr.
1st Cir. · 2006 · confidence medium
The government argues’ that these costs are allowable under the clause in § 1920(6), which allows for taxation of the costs of “[cjompensation of court appointed experts.” It notes the phrase is not “expert witnesses ” and cites Gaddis v. United States, 381 F.3d 444, 455-57 (5th Cir.2004) (en banc).
discussed Cited "see" Dupree v. Powers
N.D. Tex. · 2025 · signal: accord · confidence high
Dist., 873 F.2d 25 , 29 (2d Cir. 1989) (Rule 17(c) “gives a federal court power to authorize someone other than a lawful representative to sue on behalf of an infant or incompetent person where that representative is unable, unwilling or refuses to act or has interests which conflict with those of the infant or incompetent.”)); accord Gaddis v. United States, 381 F.3d 444, 453 (5th Cir. 2004) (en banc) (“It is clear in this Circuit that Rule 17(c) authorizes and mandates that district courts appoint a guardian ad litem in the situation where the interests of the [incompetent person’s] …
cited Cited "see" Luv N Care Ltd v. Laurain
W.D. La. · 2022 · signal: see · confidence high
See, Gaddis v. United States, 381 F.3d 444, 450 (5th Cir. 2004).
discussed Cited "see" Paniagua v. United States
W.D. Tex. · 2022 · signal: see · confidence high
See Gaddis v. United States, 381 F.3d 444, 452 (Sth Cir. 2004) (acknowledging that Rule 54(d) and 28 U.S.C. § 2412 (a)(1) apply to FTCA disputes), Because federal law permits plaintiffs to recover their full costs from the United States, see 28 U.S.C. § 2412 (a), Fed.
discussed Cited "see" LOPEZ v. CSX TRANSPORTATION, INC.
W.D. Pa. · 2021 · signal: see · confidence high
See Gaddis v. United States, 381 F.3d 444, 456 (5th Cir. 2004) (stating that a guardian ad litem is an officer of the court whose role is to assist the court); Fed.
discussed Cited "see" Ortiz v. Jimenez-Sanchez
D.P.R. · 2015 · signal: accord · confidence high
And guardians are absolutely immune from liability for damages when, as Lugo did here, they “gather[] information, prepare[] a report and make[] a recommendation to the court regarding a custody disposition.” Cok, 876 F.2d at 3 ; accord Gaddis v. United States, 381 F.3d 444, 457 (5th Cir.2004); Hughes v. Long, 242 F.3d 121, 127-28 (3d Cir.2001); Kurzawa v. Mueller, 732 F.2d 1456, 1458 (6th Cir.1984).
cited Cited "see" Eolas Technologies Inc. v. Adobe Systems, Inc.
E.D. Tex. · 2012 · signal: see · confidence high
See Gaddis v. United States, 381 F.3d 444, 476 (5th Cir.2004) (citing Mota v. Univ. of Tex. Hous.
discussed Cited "see" Maurice Mitchell Innovations, L.P. v. Intel Corp. (2×)
E.D. Tex. · 2007 · signal: see · confidence high
See Gaddis v. United States., 381 F.3d 444, 476 (5th Cir.2004) (citing Mota v. Univ. of Tex. Houston Health Science Ctr., 261 F.3d 512, 529-30 (5th Cir.2001)).
discussed Cited "see" Halliburton Energy Services, Inc. v. M-I, LLC (2×)
E.D. Tex. · 2007 · signal: see · confidence high
See Gaddis v. United States., 381 F.3d 444, 476 (5th Cir.2004) (citing Mota v. Univ. of Tex. Houston Health Science Ctr., 261 F.3d 512, 529-30 (5th Cir.2001)).
cited Cited "see" In Re Cardizem Cd Antitrust Litigation. Eugenia Wynne Sams, Plaintif-Appellant, Gordon Ball, Attorney-Appellant v. State Attorneys General State Law State of Tennessee, Hoechst Aktiengesellschaft
6th Cir. · 2007 · signal: see · confidence high
See Gaddis v. United States, 381 F.3d 444, 456-57 (5th Cir.2004) (en banc).
cited Cited "see" In re: Cardizem v.
6th Cir. · 2007 · signal: see · confidence high
See Gaddis v. United States, 381 F.3d 444 , 456–57 (5th Cir. 2004) (en banc).
cited Cited "see" Sams v. State Attorneys General
6th Cir. · 2007 · signal: see · confidence high
See Gaddis v. United States, 381 F.3d 444, 456-57 (5th Cir.2004) (en banc).
cited Cited "see" In Re Devilliers
Bankr. E.D. La. · 2007 · signal: see · confidence high
See, Gaddis v. U.S., 381 F.3d 444 , 469 (5th Cir.2004).
cited Cited "see" In Re Gadzooks, Inc.
Bankr. N.D. Tex. · 2006 · signal: see · confidence high
See Gaddis v. United States, 381 F.3d 444, 472 (5th Cir.2004).
discussed Cited "see, e.g." Joe Hand Promotions, Inc. v. Daq’z Crazy & Wing’z, LLC, et al.
E.D. Tex. · 2026 · signal: see also · confidence medium
Dist. v. Michael, 118 F.3d 245, 257 (5th Cir. 1997)); see also Gaddis v. United States, 381 F.3d 444, 456 (5th Cir. 2004) (en banc) (noting, but not adopting, the Ninth Circuit’s position that private process servers’ fees are taxable costs under Section 1920(1)).
Retrieving the full opinion text from the archive…
Carlton GADDIS; 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
02-41655.
Court of Appeals for the Fifth Circuit.
Jul 11, 2003.
381 F.3d 444
Higginbotham, Smith, Clement.
Cited by 3 opinions  |  Unpublished
PER CURIAM. *

The United States appeals a judgment ordering it to pay guardian ad litem fees as a taxable cost. Based on our precedents, we affirm.

Carlton and Latanza Gaddis were stopped at a street intersection when a postal employee drove his government vehicle into theirs. Latanza, who was pregnant, initially suffered minor discomfort, but a few weeks later she prematurely delivered their son, Courtlin, with serious birth defects. The Gaddises sued the United States under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2671 et seq., for negligence. They requested, and the district court appointed, a guardian ad litem for Courtlin. [1] After a bench trial, the court found the United States liable for Courtlin’s injuries and awarded the Gaddises over $4 million in damages. The court also taxed as costs $46,299 in guardian ad litem fees against the government under Fed. R. Civ. P. 54(d)(1).

The government appeals a discrete legal issue. It does not challenge the finding of liability, the damages, or the calculation of guardian ad litem fees, which we would review for abuse of discretion. Dickerson v. United States, 280 F.3d 470, 478 (5th Cir.2002). Rather, it argues that guardian ad litem fees are not taxable costs at all or at least not against the United States. We review this question of law de novo. Roe v. Tex. Dep’t of Protective & Regulatory Servs., 299 F.3d 395, 400 (5th Cir.2002).

The government contends, in four steps, that no rule or statute authorizes a court to tax guardian ad litem fees as costs against a losing party. Rule 54(d)(1) states that “costs other than attorneys’ fees shall be allowed as of course to the prevailing party unless the court otherwise directs[.]” Fed. R. Civ. P. 54(d)(1). Next, the Supreme Court has held that “[28 U.S.C.] § 1920 defines the term ‘costs’ as used in rule 54(d).” Crawford Fitting Co. v. J.T. Gibbons, Inc., 482 U.S. 437, 441, 107 S.Ct. 2494, 96 L.Ed.2d 385 (1987). Section[*192] 1920, in turn, lists several items but does not include guardian ad litem fees. Thus, the government concludes, the court may not tax the fees as costs against the losing party.

This sleek reasoning flatly contradicts our caselaw. In duPont v. S. Nat’l Bank, 771 F.2d 874, 882 (5th Cir.1985), we held that “[a]s an officer of the court, the expenses of a guardian ad litem are properly taxable as costs pursuant to Fed. R. Crv. P. 54(d).” DuPont preceded Crawford Fitting, and the government argues that Crawford Fitting implicitly overruled duPont. In three recent cases, however, we cited duPont as good law and treated guardian ad litem fees as taxable costs as long as the guardian acted as a guardian ad litem, not an attorney ad litem. See Dickerson, 280 F.3d at 478; Lebron v. United States, 279 F.3d 321, 332-33 (5th Cir.2002); Gibbs v. Gibbs, 210 F.3d 491, 506 (5th Cir.2000). [2]

The government relegates these cases to a footnote and asks us to disregard them because they do not cite Crawford Fitting. Yet, we must follow the decisions of our panels. Roark v. Humana, Inc., 307 F.3d 298, 313 (5th Cir.2002), petition for cert. filed (June 20, 2003) (No. 02-1845), and petition for cert, filed (June 3, 2003) (No. 02-1826). We therefore continue to treat guardian ad litem fees as taxable costs against a losing party.

The government alternatively argues that it has sovereign immunity from guardian ad litem fees, even if they are taxable costs for private parties. The United States has immunity from judgments of costs and expenses absent its unequivocal statutory consent. Fed. R. Crv. P. 54(d)(1); United States v. Worley, 281 U.S. 339, 344, 50 S.Ct. 291, 74 L.Ed. 887 (1930). The United States has consented that “a judgment for costs, as enumerated in section 1920 ... may be awarded to the prevailing party in any civil action brought ... against the United States.” 28 U.S.C. § 2412(a)(1). The government contends that § 2412(a)(1) does not waive immunity from guardian ad litem fees, because the fees are not “enumerated” in § 1920.

Again, however, this argument contradicts our caselaw. We have explained that our cases, both before and after Crawford Fitting, treat guardian ad litem fees as taxable costs under Rule 54(d)(1) and, hence, under § 1920. Furthermore, Dickerson and Lebrón, also FTCA actions, implicitly rejected the government’s claim of sovereign immunity by approving in principle the decision to tax guardian ad litem fees against the government and remanding solely for calculation of the fees. Dickerson, 280 F.3d at 478; Lebron, 279 F.3d at 332-33. Thus, we must adhere to our position that § 2412(a)(1) waives sovereign immunity against the taxed cost of guardian ad litem fees.

AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

1

. Mr. and Mrs. Gaddis, who also sued the United States for loss of consortium with Courtlin, feared that an unexpected conflict of interest with Courtlin might occur during the litigation.

2

. The United States concedes that, if guardian ad litem fees are taxable costs, $46,299 is a reasonable cost for the guardian’s work.