Frivolous appeals

CT
Chuck Thompson
Tue, Mar 2, 2021 7:51 PM

In case you are using the pandemic to read interesting but primarily irrelevant cases to your practice, I offer a decision today from the 6th Circuit. If, on the other hand, you are looking for a case to sue to seek sanctions against a firm for a frivolous appeal, you may be in luck.  A law firm was engaged to file a malpractice action against another law firm as to its handling of the breakup of a partnership that went sour.  When that matter was dismissed, the Plaintiff assigned the cause of action to the firm and it moved forward with the suit, only to be subjected to a counterclaim that a jury resolved against it for a little over $2M.  The firm appealed to a state intermediate appellate court without success.  Apparently, believing the next best course of action was in federal court, the firm sued the three judges of the appellate panel for what it claimed were erroneous statements in the opinion that discredited the firm thereby violating their 14th Amendment due process rights.  That tactic also failed and they appealed to the 6th Circuit, where today a panel upheld the lower court and then concluded that sanctions were in order for the frivolous appeal.

A line form the case worth noting: Wilton Corp. v. Ashland Castings Corp.,
188 F.3d 670, 676 (6th Cir. 1999) ("Sanctions are appropriate where the appeal was prosecuted
with no reasonable expectation of altering the district court's judgment and for purposes of delay
or harassment or out of sheer obstinacy." (internal quotation marks and citation omitted)).

20-5898 Larry E. Parrish, P.C. v. Andy Bennetthttps://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDEsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMTAzMDIuMzYyMTMxNTEiLCJ1cmwiOiJodHRwczovL3d3dy5vcG4uY2E2LnVzY291cnRzLmdvdi9vcGluaW9ucy5wZGYvMjFhMDA1MXAtMDYucGRmIn0.H7V6bEztxEdebtio-kGfAATkMZ2Kumaxqw-PeslKkKU/s/670355187/br/98744305431-l

Published
Opinion Number: 21a0051p.06https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDIsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMTAzMDIuMzYyMTMxNTEiLCJ1cmwiOiJodHRwczovL3d3dy5vcG4uY2E2LnVzY291cnRzLmdvdi9vcGluaW9ucy5wZGYvMjFhMDA1MXAtMDYucGRmIn0.ARYCP0vT0ftcDoQGaKW_zUfezDGJskCBb-Nn2XGzNb4/s/670355187/br/98744305431-l
Case Number: 20-5898
Pub Date: 03/02/2021
Short Title: Larry E. Parrish, P.C. v. Andy Bennett
District: Middle District of Tennessee at Nashville
Panel: DWM, RAG, JBN

Charles W. Thompson, Jr.
General Counsel & Executive Director
D: 202-742-1016
P: (202) 466-5424 x7110
M: (240)-876-6790
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IMLA's fully virtual 2021 Mid-Year Seminarhttps://imla.org/seminars/, April 19-23, 2021
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In case you are using the pandemic to read interesting but primarily irrelevant cases to your practice, I offer a decision today from the 6th Circuit. If, on the other hand, you are looking for a case to sue to seek sanctions against a firm for a frivolous appeal, you may be in luck. A law firm was engaged to file a malpractice action against another law firm as to its handling of the breakup of a partnership that went sour. When that matter was dismissed, the Plaintiff assigned the cause of action to the firm and it moved forward with the suit, only to be subjected to a counterclaim that a jury resolved against it for a little over $2M. The firm appealed to a state intermediate appellate court without success. Apparently, believing the next best course of action was in federal court, the firm sued the three judges of the appellate panel for what it claimed were erroneous statements in the opinion that discredited the firm thereby violating their 14th Amendment due process rights. That tactic also failed and they appealed to the 6th Circuit, where today a panel upheld the lower court and then concluded that sanctions were in order for the frivolous appeal. A line form the case worth noting: Wilton Corp. v. Ashland Castings Corp., 188 F.3d 670, 676 (6th Cir. 1999) ("Sanctions are appropriate where the appeal was prosecuted with no reasonable expectation of altering the district court's judgment and for purposes of delay or harassment or out of sheer obstinacy." (internal quotation marks and citation omitted)). 20-5898 Larry E. Parrish, P.C. v. Andy Bennett<https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDEsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMTAzMDIuMzYyMTMxNTEiLCJ1cmwiOiJodHRwczovL3d3dy5vcG4uY2E2LnVzY291cnRzLmdvdi9vcGluaW9ucy5wZGYvMjFhMDA1MXAtMDYucGRmIn0.H7V6bEztxEdebtio-kGfAATkMZ2Kumaxqw-PeslKkKU/s/670355187/br/98744305431-l> Published Opinion Number: 21a0051p.06<https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDIsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMTAzMDIuMzYyMTMxNTEiLCJ1cmwiOiJodHRwczovL3d3dy5vcG4uY2E2LnVzY291cnRzLmdvdi9vcGluaW9ucy5wZGYvMjFhMDA1MXAtMDYucGRmIn0.ARYCP0vT0ftcDoQGaKW_zUfezDGJskCBb-Nn2XGzNb4/s/670355187/br/98744305431-l> Case Number: 20-5898 Pub Date: 03/02/2021 Short Title: Larry E. Parrish, P.C. v. Andy Bennett District: Middle District of Tennessee at Nashville Panel: DWM, RAG, JBN Charles W. Thompson, Jr. General Counsel & Executive Director D: 202-742-1016 P: (202) 466-5424 x7110 M: (240)-876-6790 [facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [logo]<https://imla.org/> 51 Monroe St. Suite 404 Rockville, MD, 20850 www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's fully virtual 2021 Mid-Year Seminar<https://imla.org/seminars/>, April 19-23, 2021 IMLA's 86th Annual Conference<https://imla.org/annual-conference/>, Sept. 29-Oct. 3, 2021 in Minneapolis, MN