Losing side tagged for $221,383.53 in costs

Some people sue, thinking, “What have I got to lose? If the jury finds against me, I’ll just move on with my life.” Well, it’s not what you don’t know that hurts you but what you think is so that isn’t. Read on.

SMU student-athletes sue

Nine female former student-athletes sued Southern Methodist University (SMU) alleging that gender-based discrimination resulted in physical injuries to them. Eight of the nine lost on summary judgement (dismissal without a trial). The ninth was allowed to take her claims to trial. 

For the losing eight, though, the $220,000 plus bill came due. They fought paying it, but the U.S. 5th Circuit Court of Appeals (the federal appeals court covering Texas) said, “Pay up!”

‘I owe how much!?!’

Here’s the deal: If you file a discrimination lawsuit and lose, you are on the hook for costs of litigation and/or trial. By contrast, a losing employer is on the hook for both the costs and attorneys’ fees incurred by the other side. (While the former student-athletes sued under Title IX of the Education Amendments of 1972, this rule applies to Title VII of the Civil Rights Act of 1964 and other employment discrimination statutes.) 

What are costs of litigation? They could include the following:

• Deposition costs charged by the court reporter;

• Remote and video deposition costs;

• Videographer fees;