Wilton Corporation v. Ashland Castings Corporation Ashland Capital Corporation Chimera Corporation, Keith A. Brown

I fully concur in Judge Wellford’s analysis of both the merits of this case and the issue of sanctions. My disagreement is with the decision to remand the case to the district court for it to determine the proper amount of the sanctions.

There are two reasons to believe that a determination of the appropriate sanctions is an appellate question. First, Rule 38 of the Federal Rules of Appellate Procedure states that “If a court of appeals determines that an appeal is frivolous, it may ... award just damages and ... costs ...” (emphasis added). Fed. R.App. P. 38. The plain language of the rule…