Commercial Litigation and Arbitration

§ 1927 Sanctions Are Imposable for, But Not Limited to, Dilatory Conduct

B. Willis CPA, Inc. v. Public Serv. Co. of Okla., 511 F. App'x 753 (10th Cir. 2013):

Under a heading titled "The District Court Lacked Jurisdiction To Consider a Motion For Sanctions," Aplt. Opening Br. at 17, Mr. Dickson makes several arguments. First, he argues that "Section 1927 targets the vexatious and unreasonable multiplication of proceedings. Sanctions under this section are levied to compensate the victims of dilatory practices." Id. According to Mr. Dickson, he was not dilatory and not subject to sanctions. While it is correct that reach of § 1927 includes dilatory practices, see Hamilton, 519 F.3d at 1206 (recognizing that purpose of a 1980 amendment to the statute was to deter unnecessary delays in litigation), Mr. Dickson has not cited any authority that sanctions can be imposed only for dilatory conduct. To the contrary, we have authorized sanctions for conduct other than delay. See, e.g., Braley v. Campbell, 832 F.2d 1504 (10th Cir. 1987).

Share this article:

Facebook
Twitter
LinkedIn
Email

Recent Posts

RICO and Injunctions: (1) State Court Actions Designed to Perpetuate and Monetize a RICO Violation Are Enjoinable under RICO, Even Though They Are Not Themselves Alleged to Be Predicate Acts [Note: Noerr Pennington Applies in RICO Actions] — (2) Although Civil RICO’s Text and Legislative History Fail to Reveal Any Intent to Override the Provisions of the Federal Arbitration Act, Arbitrations Are Enjoinable Under the “Effective Vindication” Doctrine Where They Operate As a Prospective Waiver of a Party’s Right to Pursue Statutory RICO Remedies — (3) Arbitration Findings May Be Given Collateral Estoppel Effect in a Civil RICO Action — (4) Injunction of Non-Corrupt State Court Litigations That Furthers a RICO Violation Are Enjoinable Under the Anti-Injunction Act’s “Expressly Authorized” Exception — (5) “The Irreparable Harm Requirement Is The Single Most Important Prerequisite For The Issuance Of A Preliminary Injunction” (Good Quote) — (6) When Injunction Is Based on “Serious Questions on the Merits” Rather Than “Likelihood of Success,” Court May Rely on Unverified Pleadings and Attached Exhibits to Assess the Merits, Unless the Opponent Has Raised Substantial Questions (Here, the Opponent Failed to Request an Evidentiary Hearing) — (7) Whether Amended Pleading Moots An Appeal Turns on Whether It Materially Changes the Substantive Basis for the Appeal — (8) Meaning of “In That” (“Used To Introduce A Statement That Explains Or Gives More Specific Information” About A Prior Statement)

Archives