Legal Opinion
United States v. Geraldine Marie Blodgett, in Re Hector C. Perez, Movant-Appellant
Court of Appeals for the Ninth Circuit
Decided July 1, 1983No. 82-5625PublishedCited by 105 opinions
1Opinion of the Court
PREGERSON, Circuit Judge:
In this case we must determine the circumstances under which a district court may impose monetary sanctions on an attorney for filing a frivolous appeal. We hold that a district court has the power to sanction counsel for filing a frivolous appeal in bad faith, which includes one filed solely for purposes of delay. The amount of the sanctions, however, should not exceed expenses reasonably incurred in opposing the appeal, nor should sanctions be imposed without a hearing.
FACTS
Appellant Hector C. Perez was Geraldine Marie Blodgett’s defense counsel. Blodgett and three…
2Cases cited7 opinions
- Roadway Express, Inc. v. PiperSupreme Court of the United States · 1980
- United States v. Hollywood Motor Car Co.Supreme Court of the United States · 1982
- United States v. Ralph W. RossCourt of Appeals for the Sixth Circuit · 1976
- United States v. Bradford Burt, United States of America v. William L. Dennis, United States of America v. Roy Dean Snarr and James F. RounsavallCourt of Appeals for the Ninth Circuit · 1980
- Liew v. BreenCourt of Appeals for the Ninth Circuit · 1981
2 more not listed; retrieve them via the Exa API.
3Cited by105 opinions
- T.W. Electrical Service, Inc. v. Pacific Electrical Contractors Ass'nCourt of Appeals for the Ninth Circuit · 1987
- B.K.B., Plaintiff-Appellant-Cross-Appellee v. Maui Police Department, County of Maui, County of Maui, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Ninth Circuit · 2002
- T.W. Electrical Service, Inc. v. Pacific Electrical Contractors AssociationCourt of Appeals for the Ninth Circuit · 1987
- Morton M. Hill, Jr. v. Norfolk and Western Railway CompanyCourt of Appeals for the Seventh Circuit · 1987
- Eash v. Riggins Trucking Inc.Court of Appeals for the Third Circuit · 1985
100 more not listed; retrieve them via the Exa API.