Azizian v. Federated
243 F. App'x 311 (9th Cir. 2007) Cited 85 timesHolding “that the term ‘costs on appeal’ in Rule 7 includes all expenses defined as ‘costs' by an applicable fee-shifting statute, including attorney's fees”
In re Nasdaq Market-Makers Antitrust Litigation
187 F.R.D. 124 (S.D.N.Y. 1999) Cited 44 timesHolding that "[t]he continued assertion of a factual or legal argument long after that argument has proven to be completely baseless is sanctionable conduct, as is 'the waste of judicial resources and resulting inefficiencies and delays that affect all actual and potential litigants in the federal courts.'"
Vaughn v. American Honda Motor
507 F.3d 295 (5th Cir. 2007) Cited 14 timesHolding an appeal bond cannot cover appellate attorneys' fees under Fed. R.App. P. 38
Embry v. ACER America Corp.
NO. C 09-01808 JW (N.D. Cal. Jun. 5, 2012) Cited 9 timesImposing a $70,650 bond for appeal of the final settlement approval while appeal was pending
In re Pharmaceutical Industry Average Wholesale
520 F. Supp. 2d 274 (D. Mass. 2007) Cited 7 timesFinding that bond is appropriate where an appellant's "one-sentence written objection was inadequate to preserve her objection on appeal"
Arthur v. Sallie Mae, Inc.
CASE NO. C10-0198JLR (W.D. Wash. Jan. 10, 2012) Cited 1 timesApproving the use of a claim form where the defendant did not have class members' addresses and the intent of form was to allow class members to choose between settlement options
Rule 38 - Frivolous Appeal-Damages and Costs
Fed. R. App. P. 38 Cited 2,646 times 14 Legal AnalysesAllowing the court to award damages and costs for a frivolous appeal upon "a separately filed motion"