Commercial Litigation and Arbitration

Sanctions — Rule 11 Inapplicable on Appeal — Fed.R.App.P. 38 Applies Only to Appellants

United States v. Medansky, 2015 U.S. App. LEXIS 15845 (9th Cir. Sept. 4, 2015):

David and Martine Mednansky appeal pro se from the district court's grant of summary judgment to the United States in an ejectment and trespass suit brought by the government. We have jurisdiction pursuant to 28 U.S.C. § 1291.

We affirm.


7. The Mednanskys' motion for Rule 11 sanctions is without merit. "Rule 11 does not apply to appellate roceedings." Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 406 (1990). The United States is not subject to sanctions on appeal under Federal Rule of Appellate Procedure 38 because the government did not file this appeal.

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