Villeneuve v. Avon Products, Inc., No. 20-1121 (1st Cir. 2020)Annotate this Case
The First Circuit dismissed Appellant's appeal from the ruling of the district court granting in part and denying in part Avon Products, Inc.'s motion for the district court to tax costs, holding that the appeal was moot.
In a previous appeal, the First Circuit affirmed judgment for Avon on three claims brought by Appellant. After the Court's mandate issued, Avon sought to recover some of its expenses by moving the district court to tax costs. After the district court granted the request in part, Appellant appealed. Thereafter, the parties settled the case for the purpose of avoiding litigation costs. The First Circuit dismissed the appeal and denied, without prejudice, the parties' request that the Court vacate the district court's costs order, holding that the appeal was moot, with the parties to be a their own appellate costs and fees, but that this decision was without prejudice to pursuit of vacatur relief in the district court.