In Re Violation of Rule 38

Order Affirming Sanction Award

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The Federal Circuit has affirmed a sanction award for what it deemed a frivolous appeal, and awarded the Government a lump-sum the costs and fees associated with defending the appeal. The losing party challenged the attorneys’ fee award, arguing that it should be based on the actual costs and hours spent defending the appeal, and further asserted that “the government’s claimed number of hours spent working on the response brief for this appeal, at 167 hours, is .ludicrous.’” Response to Application for Attorney Fees and Expenses. The Federal Circuit, however, disagreed with this argument, and affirmed the award of attorneys’ fees based on a lump sum estimate.

Please see full Order below for more information.

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Reference Info:Decision | Federal, Federal Circuit | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Nancie G. Marzulla, Marzulla Law, LLC | Attorney Advertising

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