Cornelius Brown v. Nationwide Mutual Insurance Company, Cross-Appellant v. Nancy J. Beck, Movant-Appellant, Cross-Appellee

EDITH HOLLAN JONES, Circuit Judge:

There being no issue on appeal concerning the merits of this litigation, 1 we are drawn to consider whether the district court abused its discretion in reducing an award of sanctions made by the magistrate against counsel for the plaintiff from approximately $2,900 to $1,000, 634 F.Supp. 72. Although we find no abuse of discretion, we determine to impose sanctions independently based on appellant’s frivolous resort to this appeals court.

Plaintiff, through his counsel, the appellant, filed suit for alleged failure of the Nationwide Insurance Company to defend…