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Showing posts with label Appellate Ethics. Show all posts
Showing posts with label Appellate Ethics. Show all posts

Tuesday, February 8, 2011

Appellate Ethics Tip of the Day: Quit While You're Ahead.

By Kirsten E. Small

So let's say you and your client decide to file a securities lawsuit even though the statute of limitations is way, way past. As in, it expired 15 years ago. When the district court sanctions you $95,000 for bringing a frivolous suit, what do you do?

The Second Circuit suggests that you do not bring a frivolous appeal. As reported here, that court imposed an additional sanction on plaintiff John Libaire and his attorney, Mitchell Stein, for filing a frivolous appeal.

Oops.