Legal Opinion
Miller v. Toyota Motor Corp.
Court of Appeals for the Sixth Circuit
Decided February 10, 2009No. 08-4348PublishedCited by 19 opinions
1Opinion of the Court
ORDER
KETHLEDGE, Circuit Judge.
Thrifty Rent-A-Car Services, Inc. (Thrifty) earlier sought to appeal to this court an interlocutory order from a case pending in the Middle District of Florida. We dismissed that appeal for lack of jurisdiction. Plaintiff Michael Miller now moves for sanctions in the amount of his fees and costs relating to the dismissed appeal. We grant the motion.
Federal Rule of Appellate Procedure 38 affords us “discretion to assess ‘just damages’ ” when confronted with a frivolous appeal. Burlington N. R.R. Co. v. Woods, 480 U.S. 1, 7, 107 S.Ct. 967, 94 L.Ed.2d 1 (1987). It…
2Cases cited7 opinions
- William Rodger Starnes v. Honorable Matthew F. McGuire Arthur Everett Small, Jr. v. Honorable George L. Hart, JrCourt of Appeals for the D.C. Circuit · 1974
- Chrysler Credit Corp. v. Country Chrysler, Inc.Court of Appeals for the Tenth Circuit · 1991
- Burlington Northern Railroad v. WoodsSupreme Court of the United States · 1987
- Estate of Thomson Ex Rel. Estate of Rakestraw v. Toyota Motor Corp. WorldwideCourt of Appeals for the Sixth Circuit · 2008
- Saunders P. Lemon v. Honorable John H. Druffel, Judge of the United States District Court for the Southern District of Ohio, Western DivisionCourt of Appeals for the Sixth Circuit · 1958
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Keith v. BobbyCourt of Appeals for the Sixth Circuit · 2010
- Theodore Jackson v. Brigham SloanCourt of Appeals for the Sixth Circuit · 2015
- Crown Servs., Inc. v. Miami Valley Paper Tube Co. (Slip Opinion)Ohio Supreme Court · 2020
- DiPonio Construction Co. v. International Union of Bricklayers & Allied Craftworkers, Local 9Court of Appeals for the Sixth Circuit · 2012
- In Re: Red Barn Motors, Inc.Court of Appeals for the Fifth Circuit · 2015
14 more not listed; retrieve them via the Exa API.