Appellate Practice
Oct. 4, 2001
Dilatory or Frivolous
Requests for monetary sanctions are a frequent occurrence in trial courts. Not so at the appellate level, where sanctions are rarely sought and even less frequently awarded. The prevalence of sanctions in trial courts makes sense given the different functions of trial and appellate courts.
James C. Martin
Partner, Reed Smith LLP
Phone: (213) 457-8002
Email: jcmartin@reedsmith.com
James is in the firm's Appellate Group, resident in the Los Angeles and Pittsburgh offices. He is certified as specialists in appellate law by the California State Bar Board of Legal Specialization.
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.
Requests for monetary sanctions are a frequent occurrence in trial courts. Not so at the appellate level, where sanctions are rarely sought and even less frequently awarded. The prevalence of sanctions in trial courts makes sense given the different functions of trial and appellate courts.
Trial courts are well-suited to deciding the factual issues inherent in considering sanctions, like fixing an amount and ensuring compliance. Appellate courts, on the other hand, focus on error-c...
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