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FRAP 38 and § 1927 — Appellate Sanctions “Can Be a Valuable Tool for Dissuading Knee-Jerk Appeals or Appeals Intended Simply to Delay Enforcement of Judgment” (Good Quote)

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Weiner v. Original Talk Radio Network, Inc., 2015 U.S. App. LEXIS 12389 (9th Cir. July 17, 2015): 

The Original Talk Radio Network, Inc. (OTRN) appeals the district court's confirmation of an arbitration panel's award in favor of Dr. Michael A. Weiner, known on-air as "Michael Savage" (Weiner). OTRN syndicated Weiner's talk-radio show for at least a decade before their business relationship soured in 2010.

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The final issue before us is Weiner's motion for sanctions under Rule 38 of the Federal Rules of Appellate Procedure and under 28 U.S.C. §§ 1912 and 1927. He claims that OTRN "pursued a frivolous appeal and vexatiously multiplied the proceedings in this case." We impose sanctions only when an appeal's "result is obvious or the appellant's arguments are wholly without merit." Glanzman v. Uniroyal, Inc., 892 F.2d 58, 61 (9th Cir. 1989) (internal quotation marks omitted). Although OTRN's arguments on appeal are unavailing, the shortcomings of its case do not rise to this level. OTRN offered record evidence and case citations to support most of its arguments, and it earnestly attempted to distinguish the cases cited by Weiner. Sanctions can be a valuable tool for dissuading knee-jerk appeals or appeals intended simply to delay the enforcement of a judgment, but this case is not an [*6]  example of either.

The judgment of the district court is therefore AFFIRMED, and Weiner's motion for sanctions is DENIED.

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New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

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