Gust, Inc. v. Alphacap Ventures, LLC

I disagree with the majority's decision to reverse the U.S. District Court for the Southern District of New York ("District Court")'s award of attorney fees pursuant to 28 U.S.C. § 1927 (2012).1 The Second Circuit reviews a district court's award of § 1927 sanctions "for [an] abuse of discretion." Enmon v. Prospect Capital Corp ., 675 F.3d 138, 143 (2d Cir. 2012).2 A district *1335court abuses its discretion only when it bases its sanctions on "an erroneous view of the law or on a clearly erroneous assessment of the evidence." Id . (citation omitted). The Supreme Court has cautioned that finding…