Thursday, March 25, 2021

Cut-n-paste = sanctions

Today's appellate sanctions installment is this case here form 2/5, in which the court found that the appeal was frivolous. The opening brief failed to account for an important recently issued case, and the reply brief (a whopping 3.5 pages) was basically a "word-for-word cut and paste job of the sole paragraph of analysis in the opening brief" "still ignored the issue." "The combination of the conscious disregard of [the new case] and the slapdash briefing" persuaded the court that appellant knew the appeal was frivolous. Sanctions of $900 were ordered to be paid to respondent's counsel.