Commercial Litigation and Arbitration

FRAP 38 and § 1927 Sanctions on Appeal Appropriate for “Slap-Dash Excuse for a Brief” — “Poor Quality of Briefing Is Inexcusable” (Good Quotes)

United States v. Alaniz, 2014 U.S. App. LEXIS 9710 (5th Cir. May 27, 2014):

Sanctions may be warranted where counsel's arguments are "totally without merit and his briefing . . . sloppily prepared." Macklin v. City of New Orleans, 293 F.3d 237, 241-42 (5th Cir. 2002). We have imposed sanctions under Federal Rule of Appellate Procedure 38 and 28 U.S.C. § 1927 for the filing of a "'slap-dash' excuse for a brief" after noting that "poor quality of briefing is inexcusable." Carmon v. Lubrizol, 17 F.3d 791, 795 96 (5th Cir. 1994). Counsel is therefore WARNED that we will impose sanctions for future frivolous filings. See Cilauro v. Thielsch Engineering, 123 F. App'x 588, 590-91 (5th Cir. 2005) (warning).

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