Castural Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515 (8th Cir. 2006). · Go Syfert
Castural Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515 (8th Cir. 2006). Cases Citing This Book View Copy Cite
“a prevailing party is presumptively entitled to recover all of its costs.”
47 citation events (47 in the last 25 years) across 10 distinct courts.
Strongest positive: Farnam Street Financial Inc v. Nabati Foods, Inc (mnd, 2024-01-24)
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 42 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Farnam Street Financial Inc v. Nabati Foods, Inc
D. Minnesota · 2024 · quote attribution · 1 verbatim quote · confidence high
a prevailing party is presumptively entitled to recover all of its costs.
cited Cited as authority (rule) Silver Bow Trust U/T/A v. Verde Mobility, Inc.
D. Minnesota · 2025 · confidence medium
As the prevailing party, Silver Bow “is presumptively entitled to recover all of its costs.” Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 517 (8th Cir. 2006) (citation omitted); see also Fed.
discussed Cited as authority (rule) Taylor Haynie v. Washington University School of Medicine Division of Infectious Diseases
E.D. Mo. · 2024 · confidence medium
“To rebut the presumption that the prevailing party is entitled to recover all of its costs, the district court must provide a rationale for denying the prevailing party's claim for costs.” Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 517 (8th Cir. 2006) (citations omitted).
discussed Cited as authority (rule) Davis v. Caduceus
W.D. Mo. · 2024 · confidence medium
But the “prevailing party is presumptively entitled to recover all of its costs.” Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 517 (8th Cir. 2006) (quotation omitted). 28 U.S.C. § 1920 identifies six expenses that may be taxed as costs, including two that are at issues here: (1) “Fees of the clerk and marshal;” and (2) “Fees for printed or electronically recorded transcripts necessarily obtained for use in the case.” § 1920(1)–(2).
discussed Cited as authority (rule) Nyaundi v. Triumph Foods, LLC
W.D. Mo. · 2024 · confidence medium
But the “prevailing party is presumptively entitled to recover all of its costs.” Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 517 (8th Cir. 2006) (quotation omitted). 28 U.S.C. § 1920 identifies six expenses that may be taxed as costs, including two that are at issues here: (1) “Fees of the clerk and marshal;” and (2) “Fees for printed or electronically recorded transcripts necessarily obtained for use in the case.” § 1920(1)–(2).
cited Cited as authority (rule) McCullen v. Union Pacific Railroad Company
W.D. Mo. · 2023 · confidence medium
But the prevailing party “is presumptively entitled to recover all of its costs.” Thompson v. Wal- Mart Stores, Inc., 472 F.3d 515, 517 (8th Cir. 2006).
discussed Cited as authority (rule) Libertarian Party of Arkansas v. Thurston
E.D. Ark. · 2023 · confidence medium
“To rebut the presumption that the prevailing party is entitled to recover all of its costs, the district court must provide a rationale for denying the prevailing party’s claim for costs.” Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 517 (8th Cir. 2006) (citations omitted).
cited Cited as authority (rule) Pinebrook Holdings, LLC v. Narup
E.D. Mo. · 2023 · confidence medium
Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 517 (8th Cir. 2006).
discussed Cited as authority (rule) Griner v. King
N.D. Iowa · 2023 · confidence medium
In general, “[a] prevailing party is presumptively entitled to recover all of its costs.” Thompson v. Wal–Mart Stores, Inc., 472 F.3d 515, 517 (8th Cir. 2006) (internal quotation marks and citation omitted); Craftsmen Limousine, Inc. v. Ford Motor Co., 579 F.3d 894, 897 (8th Cir. 2009).
discussed Cited as authority (rule) DRE Health Corporation v. BRM Trades, LLC
W.D. Mo. · 2022 · confidence medium
“To rebut the presumption that the prevailing party is entitled to recover all of its costs, the district court must provide a rationale for denying the prevailing party’s claim for costs.” Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 517 (8th Cir. 2006) (citations omitted).
cited Cited as authority (rule) Linda Hoekman v. Education Minnesota
8th Cir. · 2022 · confidence medium
Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 516 (8th Cir. 2006). -7- II.
discussed Cited as authority (rule) Langel v. Arkansas Foundation for Medical Care
E.D. Ark. · 2022 · confidence medium
“To rebut the presumption that the prevailing party is entitled to recover all of its costs, the district court must provide a rationale for denying the prevailing party’s claim for costs.” Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 517 (8th Cir. 2006) (citations omitted).
discussed Cited as authority (rule) Bean v. Wayne Farms LLC
E.D. Ark. · 2022 · confidence medium
(Docs. 30, 31). 2 Def.’s Mot. for Costs (Doc. 32). 3 Id. 4 28 U.S.C. § 1920 . 5 Poe v. John Deere Co., 695 F.2d 1103, 1108 (8th Cir. 1982). 6 Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 517 (8th Cir. 2006). 7 Lochridge v. Lindsey Mgmt.
cited Cited as authority (rule) Hilson v. Safeco Insurance Company of Illinois
E.D. Mo. · 2022 · confidence medium
“A prevailing party is presumptively entitled to recover all of its costs.” Thompson v. Wal- Mart Stores, Inc., 472 F.3d 515, 517 (8th Cir. 2006) (quotation omitted).
cited Cited as authority (rule) Fluor Corporation v. Zurich American Insurance Company
E.D. Mo. · 2022 · confidence medium
Thompson v. Wal Mart Stores, Inc., 472 F.3d 515, 517 (8th Cir. 2006).
discussed Cited as authority (rule) Cleek v. Ameristar Casino Kansas City, LLC
W.D. Mo. · 2021 · confidence medium
But the prevailing “is presumptively entitled to recover all of its costs.” Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 517 (8th Cir. 2006). 1 Although the filing of the notice of appeal is a jurisdictionally significant event, the Eighth Circuit has been clear that a district court may grant costs after a notice of appeal has been filed.
discussed Cited as authority (rule) Elite Aviation Service, LLC v. Ace Pools, LLC
W.D. Ark. · 2021 · confidence medium
“To rebut the presumption that the prevailing party is entitled to recover all of its costs, the district court must provide a rationale for denying the prevailing party’s claim for costs.” Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 517 (8th Cir. 2006).
cited Cited as authority (rule) Willson v. City of Bel-Nor, Missouri
E.D. Mo. · 2021 · confidence medium
Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 517 (8th Cir. 2006).
cited Cited as authority (rule) Jackson v. General Motors LLC
E.D. Mo. · 2020 · confidence medium
Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 517 (8th Cir. 2006).
discussed Cited as authority (rule) Padden Law Firm, PLLC v. Bridgett Trice
8th Cir. · 2020 · confidence medium
"We review de novo the legal issues related to the award of attorney fees and costs and review for abuse of discretion the actual award of attorney fees and costs." Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 516 (8th Cir. 2006).
cited Cited as authority (rule) Hardy v. City of Kansas City, Missouri
W.D. Mo. · 2020 · confidence medium
Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 517 (8th Cir. 2006); Garrison v. DolgenCorp, LLC, No. 4:16-CV-00349-DGK, 2018 WL 505094 , at *1 (W.D.
discussed Cited as authority (rule) Wientjes v. Kanyuh
D.S.D. · 2019 · confidence medium
Although the award of costs is permissive, in the Eighth Circuit a “prevailing party is presumptively entitled to recover all of its costs.” Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 517 (8th Cir. 2006).
discussed Cited as authority (rule) In Re: RFC and RESCAP Liquidating Trust Litigation
D. Minnesota · 2019 · confidence medium
(See First Supp’l Horner Decl., Ex. 59 (Rev’d Fee & Cost Summ.).) Although ResCap asserts that courts presumptively award all costs, (Pl.’s Mem. at 18 n.7), it cites authority discussing fees and costs set forth in 28 U.S.C. § 1920 , see Concord Boat Corp. v. Brunswick Corp., 309 F.3d 494, 498 (8th Cir. 2002); Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 517 (8th Cir. 2006), as opposed to costs awarded pursuant to a contract.
discussed Cited as authority (rule) Cooksey v. Professional Transportation Inc
E.D. Ark. · 2019 · confidence medium
“To rebut the presumption that the prevailing party is entitled to recover all of its costs, the district court must provide a rationale for denying the prevailing party’s claim for costs.” Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 517 (8th Cir. 2006) (citations omitted).
discussed Cited as authority (rule) Peters v. Board of Directors of Raytown Consolidated School District No. 2
W.D. Mo. · 2019 · confidence medium
A district court “has discretion in determining and awarding costs in a given case,” Pershern v. Fiatallis N. Am., Inc., 834 F.2d 136, 140 (8th Cir. 1987), but the prevailing party “is presumptively entitled to recover all of its costs.” Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 517 (8th Cir. 2006).
cited Cited as authority (rule) Grigsby v. AKAL Security, Inc.
W.D. Mo. · 2018 · confidence medium
But, the “prevailing party is presumptively entitled to recover all of its costs.” Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 517 (8th Cir. 2006).
cited Cited as authority (rule) Garrison v. Dolgencorp, LLC
W.D. Mo. · 2018 · confidence medium
But, the “prevailing party is presumptively entitled to recover all of its costs.” Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 517 (8th Cir. 2006).
cited Cited as authority (rule) American-Amicable Life Insurance Company of Texas v. Snyder
W.D. Mo. · 2017 · confidence medium
But, the “prevailing party is presumptively entitled to recover all of its costs.” Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 517 (8th Cir. 2006).
cited Cited as authority (rule) Faltermeier v. FCA US LLC
W.D. Mo. · 2017 · confidence medium
But, the “prevailing party is presumptively entitled to recover all of its costs.” Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 517 (8th Cir. 2006).
cited Cited as authority (rule) Erin Dindinger v. Allsteel, Inc.
8th Cir. · 2017 · confidence medium
“We review de novo the legal issues related to ... costs and review for abuse of discretion the actual award of ... costs.” Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 516 (8th Cir. 2006).
discussed Cited as authority (rule) Fuller v. Fiber Glass Systems, LP
8th Cir. · 2010 · confidence medium
“We review de novo the legal issues related to the award of attorney’s fees and costs and review for abuse of discretion the actual award of attorney’s fees and costs.” Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 516 (8th Cir.2006).
discussed Cited as authority (rule) Craftsmen Limousine, Inc. v. Ford Motor Co.
8th Cir. · 2009 · confidence medium
There is no requirement under Rule 54 that a district court provide a detailed review or analysis of *897 every item of cost it awards; rather, “[a] prevailing party is presumptively entitled to recover all of its costs.” Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 517 (8th Cir.2006) (quotation omitted).
discussed Cited as authority (rule) Craftsmen Limousine v. Ford Motor Company
8th Cir. · 2009 · confidence medium
There is no requirement under Rule 54 that a district court provide a detailed review or analysis of every item of cost it awards; rather, “[a] prevailing party is presumptively entitled to recover all of its costs.” Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 517 (8th Cir. 2006) (quotation omitted).
cited Cited as authority (rule) Sammie Sappington v. Rental Services Corp.
8th Cir. · 2009 · confidence medium
Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 516 (8th Cir. 2006).
cited Cited as authority (rule) Lowry Ex Rel. Crow v. Watson Chapel School District
8th Cir. · 2008 · confidence medium
Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 516 (8th Cir.2006).
cited Cited as authority (rule) Chris Lowry v. Watson Chapel School District
8th Cir. · 2008 · confidence medium
Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 516 (8th Cir. 2006).
discussed Cited as authority (rule) Sturgill v. United Parcel Service, Inc.
8th Cir. · 2008 · confidence medium
“We review de novo the legal issues related to the award of attorney’s fees and costs and review for abuse of discretion the actual award of attorney’s fees and costs.” Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 516 (8th Cir.2006).
discussed Cited as authority (rule) Todd Sturgill v. UPS
8th Cir. · 2008 · confidence medium
“We review de novo the legal issues related to the award of attorney’s fees and costs and review for abuse of discretion the actual award of attorney’s fees and costs.” Thompson v. Wal- Mart Stores, Inc., 472 F.3d 515, 516 (8th Cir. 2006).
discussed Cited as authority (rule) Advantage Media, LLC v. City of Hopkins, Minn.
8th Cir. · 2008 · confidence medium
We review de novo both “the determination of whether a litigant is a prevailing party,” Salitros v. Chrysler Corp., 306 F.3d 562, 576 (8th Cir.2002), and “the legal issues related to the award of attorney fees,” Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 516 (8th Cir.2006).
discussed Cited as authority (rule) Advantage Media, LLC v. City of Hopkins, Minnesota
8th Cir. · 2008 · confidence medium
We review de novo both "the determination of whether a litigant is a prevailing party," Salitros v. Chrysler Corp., 306 F.3d 562, 576 (8th Cir. 2002), and "the legal issues related to the award of attorney fees," Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 516 (8th Cir. 2006). -4- Advantage argues that the district court erroneously concluded that the preliminary injunction did not bring about a material change in the parties' legal relationship and that it qualifies as a prevailing party under 42 U.S.C. § 1988 .
cited Cited "see" Rodriguez v. GC Pizza LLC
D. Neb. · 2022 · signal: see · confidence high
See Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 517 (8th Cir. 2006).
cited Cited "see" Burdess v. Cottrell, Inc.
E.D. Mo. · 2022 · signal: see · confidence high
See Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 517 (8th Cir. 2006).
Retrieving the full opinion text from the archive…
Castural THOMPSON, Appellee,
v.
WAL-MART STORES, INC., Appellant
Michael S. Moore, argued, Little Rock, AR, for appellant., Terrence Cain, argued, Little Rock, AR, for appellee.
Riley, Colloton, Kyle.
Cited by 44 opinions  |  Published
RILEY, Circuit Judge.

Wal-Mart Stores, Inc. (Wal-Mart) appeals the district court’s denial of its claim for attorney fees under 42 U.S.C. § 1988 and for costs under Federal Rule of Civil Procedure 54(d)(1). We vacate the judgment for attorney fees and costs, and remand to the district court for further proceedings.

L BACKGROUND

Castural Thompson (Thompson) filed a complaint alleging Wal-Mart discriminated against him based on his race in violation of 42 U.S.C. § 1981. After a four-day bench trial, the district court concluded Thompson had not established a prima facie case of racial discrimination. The district court ordered each party to bear its own attorney fees and costs. Wal-Mart appeals.

II. DISCUSSION

We review de novo the legal issues related to the award of attorney fees and costs and review for abuse of discretion the actual award of attorney fees and costs. See Cody v. Hillard, 304 F.3d 767, 772 (8th Cir.2002); Pinkham v. Camex, Inc., 84 F.3d 292, 294 (8th Cir.1996) (per curiam).

A. Attorney Fees

Title 42 U.S.C. § 1988(b) provides “the court, in its discretion, may allow the prevailing party ... a reasonable attorney’s fee.” In the trial order, the district court stated, “nothing in the testimony or evidence presented at trial would lead a reasonable factfinder to believe that any conflict [with Thompson’s supervisor] existed due to [Thompson’s] race.” In the order denying Wal-Mart’s claim for attorney fees, however, the district court stated, “a fact-finder, based upon the circum[*517] stances, timing, and actions of Wal-Mart executives, could well have concluded [Thompson] was subject to racial discrimination.” Absent any further explanation of the circumstances, timing, and actions of Wal-Mart executives, the district court’s reason for denying Wal-Mart’s claim for attorney fees appears to be internally inconsistent with its conclusion Thompson failed to establish a prima facie case of racial discrimination. [2] Therefore, due to the apparent internal inconsistency, we vacate the attorney fees denial and remand for further consideration. Subsalve USA Corp. v. Watson Mfg., Inc., 462 F.3d 41, 45 (1st Cir.2006).

B. Costs

Rule 54(d)(1) provides “costs other than attorneys’ fees shall be allowed as of course to the prevailing party unless the court otherwise directs.” “A prevailing-party is presumptively entitled to recover all of its costs.” In re Derailment Cases, 417 F.3d 840, 844 (8th Cir.2005). To rebut the presumption that the prevailing party is entitled to recover all of its costs, the district court must provide a rationale for denying the prevailing party’s claim for costs. Weeks v. Samsung Heavy Indus., Co., 126 F.3d 926, 945 (7th Cir.1997); accord Fireman’s Fund Ins. Co. v. Tropical Shipping & Const. Co., 254 F.3d 987, 1012 (11th Cir.2001); Ass’n of Mexican American Educators v. California, 231 F.3d 572, 591 (9th Cir.2000) (“A district court must ‘specify reasons’ for its refusal to award costs.” (citation omitted)); Cantrell v. Int’l Bhd. of Elec. Workers, Local 2021, 69 F.3d 456, 459 (10th Cir.1995). Here, the district court never articulated its specific reasons for denying Wal-Mart’s claim for costs. The district court concluded its denial of fees and costs “is fair to both Wal-Mart and [Thompson].” A general statement of fairness is insufficient, without more, to rebut the Rule 54(d)(1) presumption for an award of costs to the prevailing party. Therefore, the district court erred by refusing to award costs to the prevailing party without providing a more precise rationale for doing so.

III. CONCLUSION

For the reasons stated, we vacate the denial of Wal-Mart’s claim for attorney fees and costs, and remand for further proceedings consistent with this opinion.

2

. We hold only that the record before us is not entirely consistent and do not reach the merits of the whether Wal-Mart, as the prevailing defendant, is entitled to attorney fees under 42 U.S.C. § 1988(b). See generally Dillon v. Brown County, Neb., 380 F.3d 360, 365 (8th Cir.2004) (“A prevailing defendant may recover fees if the plaintiff’s suit was 'frivolous, unreasonable, or groundless.' ” (quoting Marquart v. Lodge 837, Int’l Ass’n of Machinists & Aerospace Workers, 26 F.3d 842, 852 (8th Cir.1994))).