Sanctions — Erroneous Position on Issue of First Impression, without More, Is Not Frivolous — Good Quote
From Komperda v. Hilton Hawaiian Village, LLC, 2010 U.S. Dist. LEXIS 114079 (D. Hawaii Oct. 25, 2010) (state sanctions provision) :
A litigant's "erroneous interpretation in a case of first impression should not, without more, lead the court to conclude that the plaintiff's claims are frivolous, unreasonable, or without foundation." ... When legal principles are not "firmly established," then a litigant's actions contrary to such principles are not frivolous.
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