Wednesday, September 22, 2010

California Court Sanctions Attorney for Frivolous Appeal

My students often ask me if attorneys are ever really sanctioned for filing frivolous motions or appeals.  The National Law Journal has this story of an attorney for Toyota who was sanctioned for filing an appeal that was "'rife with legal and factual errors' and included 'misstatements of the law and mischaracterizations' of the evidence."


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A data point for your students: In the 2009 FJC study of civil litigation, we found that about two percent of attorneys reported a discovery-related sanction in a recently closed federal case. The sampled cases excluded cases unlikely to have discovery (Social Security, prisoner, habeas) and we did not survey pro se parties. So two percent is definitely on the high end of the range.

Posted by: Emery Lee | Sep 24, 2010 12:31:26 PM

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