Thursday, December 11, 2014

Interesting splits! (Mass action v. class action & frivolity sanctions)

Here's an interesting decision where the majority imposes appellate sanctions for a frivolous appeal (about $30K) -- but there's a dissent:
Counsel’s failure to provide a complete record, while clearly inexcusable, does not rise to the level of sanctionable conduct. We often get appeals where the record is incomplete, there is a failure to cite authority, a failure to cite to the record, or the inclusion of extraneous matters having nothing to do with the appeal. It is simply part of a process which is intended to offer litigants their day in court and due process.
And here's another really interesting split in a published opinion discussing mass actions versus class actions. One heading in the dissent reads: "Providing Litigation Strategy to Appealing Plaintiffs Is Neither Appropriate nor Warranted."