Legal Opinion

Kivenson v. U.S. Trust Corp.

Court of Appeals for the Ninth Circuit

Decided May 8, 2007No. 05-56621Published

1Opinion of the Court

MEMORANDUM ***

Bruce R. Talley (“Appellant”) appeals the district court’s order imposing a $228,000 bond for the appeal of an order barring his claims following the settlement of a class action involving a complex investment fraud scheme. Appellant now argues that the district court imposed an improper appeal bond pursuant to Rule 7 of the Federal Rules of Appellate Procedure (“Rule 7”) because such bonds may not include prospective attorney’s fees absent a fee-shifting statute awarding attorney’s fees to a prevailing party as “costs.” The order will be vacated and the case remanded to the…

2Cases cited4 opinions

  1. A&M Records, Inc. v. Napster, Inc.Court of Appeals for the Ninth Circuit · 2001
  2. Marie O. Pedraza v. United Guaranty CorporationCourt of Appeals for the Eleventh Circuit · 2002
  3. United States Ex Rel. Terry Investment Co. v. United Funding & Investors, Inc.District Court, E.D. California · 1992
  4. Robert Rowland Hargraves, Jr. v. Leslie S. Bowden, Etc.Court of Appeals for the Ninth Circuit · 1954

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