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p1600 The trial court erred in allowing defendant to recover expert witness fees as post-judgment costs after the jury delivered a defense verdict in a Federal Employers' Liability Act case where plaintiff had previously rejected a settlement offer. The case arose under federal law and was governed by Federal Rule of Civil Procedure 68(d), which unlike Code of Civil Procedure § 998 allows a defendant to recover costs only when a plaintiff refuses a settlement offer and then wins a verdict for a lesser amount. Citation KINSEY v UNION PACIFIC R. CO. (FELA Expert Witness Fees) 178 CA4 201 [See FELA 45 USC §51 et seq; CCP § 998(c)(1); Miller v Union Pacific RR Co. 147 CA4 451; Monessen Southwestern R Co. v Morgan 486 U.S. 330; FRCP 68(b) and (d); Delta Airlines v August 450 U.S. 346]
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