Commercial Litigation and Arbitration

October 6, 2007

The general rule is that a district judge cannot sanction or threaten to penalize a lawyer who is planning to file an appeal that the district judge considers frivolous. If a frivolous or bad faith appeal is taken, that is a matter for the court of appeals. Joseph, Sanctions: The Federal Law of Litigation Abuse §§ 17(A)(15), 23(A)(4) (3d ed. Supp. 2007). The Ni ...
The general rule is that a district judge cannot sanction or threaten to penalize a lawyer who is planning to file an appeal that the district judge considers frivolous. If a frivolous or bad faith appeal is taken, that is…

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