Orval Meeks v. Jewel Companies, Inc., a New York Corporation

The merits of this appeal, which is from the grant of summary judgment to the defendant in a Title VII employment discrimination suit, involve no issue of general significance; they are discussed in an unpublished order, issued today, affirming the district court’s judgment. This opinion is limited to the defendant’s request for attorney’s fees under Rule 38 of the Federal Rules of Appellate Procedure, a rule that empowers us to impose sanctions for frivolous appeals.

The plaintiff’s appeal, although not meritorious, is plainly not frivolous; it is the defendant’s request for Rule 38 sanctions…