Appellate Practice
Jul. 31, 2007
Frivolous Appeals
Focus Column - By Benjamin G. Shatz and Christopher D. LeGras - Litigators should be wary of overplaying their hands when they attempt to win reimbursement after an exploitative appeal.
Benjamin G. Shatz
Partner, Manatt, Phelps & Phillips LLP
Appellate Law (Certified), Litigation
Email: bshatz@manatt.com
Benjamin is a certified specialist in appellate law who co-chairs the Appellate Practice Group at Manatt in the firm's Los Angeles office. Exceptionally Appealing appears the first Tuesday of the month.
Every litigator hopes that opposing counsel will observe the highest degree of professionalism and good judgment. Unfortunately, that hope remains an aspiration, and most litigators are likely to confront adversaries who view litigation more as a game than as a quest for truth and justice. This approach may spill over into the appellate process, with higher review treated merely as an additional forum for litigation shenanigans. In short, someday you likely will face a frivolous appeal.<...
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