Baker Industries, Inc. v. Cerberus Limited. Appeal of Cravath, Swaine & Moore

A. LEON HIGGINBOTHAM, Jr., Circuit Judge,

dissenting:

I part company with the majority because I am of the opinion that, under any view of the proceedings below, the record does not sustain an inference of the type of unreasonable and vexatious conduct which calls 28 U.S.C. § 1927 (1982) into play.

While the trial judge was understandably exasperated by the procedural complications presented by Cravath, Swaine and Moore’s (“Cravath”) multitudinous objections to Baker’s motion for entry of judgment on the Master’s report, and obviously perturbed by what was perceived as an attempt by Cravath to…