In that earlier ruling, the Seventh Circuit asked the parties to file additional memoranda concerning the legal services for which the United States must pay to defend
frivolous appeals in tax - protest cases.
He's likely to do what he would have done absent
the frivolous appeal in the first instance.
Not exact matches
At best, your argument that these lawyers are geniuses is that they set up a
frivolous appeal to get a mootness ruling that could be used to confuse the trial court
in order to issue a ruling they are probably entitled to anyway.
This was a motion for security for costs of the
appeal, on the grounds that the wife's
appeal of a spousal support and equalization payment order was
frivolous and vexatious and that the wife had insufficient assets
in Ontario to pay the costs of the
appeal.
The IP practice area is undergoing a major sea change, experts said, due to the U.S. Supreme Court's Alice Corp. and Octane Fitness LLC rulings
in 2014, which were aimed at limiting
frivolous patent litigation; the 2012 America Invents Act, which set up the Patent Trial and
Appeal Board inter partes review process; and the Dec. 18 abolishment of the infamous «Form 18,» which heightened the specificity requirements for filing patent infringement suits.
We recently described an
appeal in which Derkunt made the same argument on behalf of another client as «unbelievably
frivolous.»
Our snapshot of cases captures a somewhat different picture, which is the cost of self - represented litigants to the justice system
in terms of
frivolous, unsupported, or improperly framed claims, applications and
appeals, resulting
in adjournments and, more generally, wasted and inefficiently used court time.
The column reports on different instances where appellate lawyers were personally sanctioned for their conduct: one for making «utterly
frivolous» arguments
in a series of
appeals of foreclosure actions; another for misrepresenting the trial court's ruling and disrespecting the court's orders (
in an
appeal of an earlier sanctions award), and a third for a brief that the appellate court said was both «unintelligible» on the merits and vitriolic
in speaking about the appellate court itself.
Under s. 679 (3) of the Criminal Code, an appellant must satisfy the court that: (i) his
appeal is not
frivolous; (ii) he will surrender into custody
in accordance with the terms of the release order; and (iii) his detention is not necessary
in the public interest (para. 8).
The report summarizes much of what has already been stated above and the findings of the Commission are surprisingly consistent with those made 50 years earlier by the Clement Report
in Alberta, including a recommendation that there should generally be no requirement for a prospective appellant to obtain leave from the court to exercise a right of
appeal except
in cases where there is a genuine concern for
frivolous appeals.