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so that makes two district judges who got it wrong in the first instance decisions on this point and hundreds who get it right but go unreported.

the rules say costs on the standard basis is the usual rule unless unjust to do so. Based on the quotes above the Judge seems to have taken the usual rule to be costs in the standard basis.

It is not. The rules aint that complicated.

The approach taken appears wrong in law and encourages defendant's to go to trial. the corollary to the Claimant's argument that defs should be punished is that if a Def is punished even if they settle late they may as well just take their chances at trial (the opposite effect of what the rules were intended)

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