Power to Sanction After Notice of Appeal Filed

After a party files a notice of appeal, does the district court retain jurisdiction to sanction? The question is whether the sanctions issue is collateral to the matters on appeal (it usually is). In Briggs v. Briggs, 2007 U.S. App. LEXIS 29712 (11th Cir. Dec. 19, 2007) (unpublished), the Eleventh Circuit held that: “Because the issue of whether [counsel] was subject to sanctions was not before us in the appeal, we conclude that it was collateral to the issues on appeal. Therefore, the district court had jurisdiction to consider the issue.” While Briggs was decided under 28 U.S.C. § 1927, the same rule obtains under Rule 11 (Joseph, Sanctions: The Federal Law of Litigation Abuse § 17(B)(3) (3d ed. 2000)).

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