Federal Circuit Affirms District Court’s Sanctions; Enters its Own for Frivolous Appeal

The case — Walker v. Health Int’l. Corp. (CAFC Jan. 6, 2017)  (here) — isn’t written very well, and doesn’t seem to break a lot of new ground, but it’s rare for the CAFC to enter sanctions on its own, so it’s worth a read.  From what I can tell, the lawyer was sanctioned by the district court because he settled a case, but then consistently asserted that he hadn’t; he was sanctioned on appeal for making some unsupported arguments and falsely attacking opposing counsel, it seems.

About David

Professor of Law, Mercer University School of Law. Formerly Of Counsel, Taylor English Duma, LLP and in 2012-13, judicial clerk to Chief Judge Rader.

2 thoughts on “Federal Circuit Affirms District Court’s Sanctions; Enters its Own for Frivolous Appeal

  1. 2

    Listening to the oral arguments at the CAFC in this case was…painful. One of the judges on the panel even pointed out that appellant’s counsel completely misstated controlling Supreme Court precedent in his brief (and never responded even when called out on that by appellee’s counsel in their brief). Embarrassing for this lawyer and for the legal profession.

  2. 1

    I find it ironic that the very first person to reference this case on the Patently-O blogosphere is the very person who who be repeatedly sanctioned for the very conduct of that case (were sanctions able to be handed out for the “legal” arguments advocated in this “public” forum.

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