In re Hawaiian Airlines, Inc., 2008 WL 185649 (Bankr. D. Haw. Jan. 22, 2008)

Key Insight: Although expert fees and expenses were not taxable as costs under 28 U.S.C. Sec. 1920, court ruled that, since most if not all of the work performed by Hawaiian Airlines’ computer forensics expert was directly attributable to Mesa’s spoliation of evidence (which was subject of October 30, 2007 decision imposing certain evidentiary sanctions against Mesa), the expert’s fees and expenses of approximately $80,000 would be awarded as an additional spoliation sanction

Nature of Case: Airline undergoing reorganization alleged that prospective investor (Mesa) breached confidentiality agreement and misused confidential information

Electronic Data Involved: Confidential information stored on secure website