E.D. Pa. Notes Split Re Determination of "Costs of Appeal" For a FRAP 7 Bond

Per In re American Investors Life Ins. Co. Annuity Marketing and Sales Practices Litigation, Slip Copy, 2010 WL 653543 (E.D. Pa. Feb. 22, 2010):

There is no binding authority for the Court to follow to determine the “costs of appeal” for a bond issued under Federal Rule of Appellate Procedure 7. Circuit courts are divided as to whether to look to Federal Rule of Appellate Procedure 39(e) or to the underlying statute on which the plaintiff's claim is based in order to determine costs, and specifically whether attorneys' fees are among those “costs.” Because the Court finds that attorneys' fees are unavailable under either approach, the Court will not include attorneys' fees in Ms. Michael's appeal bond, and it need not resolve the split in authority.