Sanctions — § 1927 — Questions of First Impression

To be sanctionable under 28 U.S.C. § 1927, counsel's conduct must multiply the proceedings both ``unreasonably and vexatiously.'' What is “reasonabl[e]” in the context of a question of first impression? A plausible position. Under Lira v Arrow Air, Inc., 2007 U.S. Dist. LEXIS 88751 (S.D. Fla. Nov. 28, 2007), § 1927 sanctions are inappropriate for a plausible argument on a matter of first impression because such an argument is not “unreasonabl[e]” within the meaning of the statute.

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