· 2/27/1991
Walter G. Finch v. Hughes Aircraft Company
Citations
- 926 F.2d 1574
- 17 U.S.P.Q. 2d (BNA) 1914
- 1991 U.S. App. LEXIS 2913
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that a claim is friv- olous and thus supports sanctions when the arguments are “contrary to established law and unsupported by a rea- soned, colorable argument for change in the law” (internal quotation omitted)
- finding an argument frivolous as argued when party failed to address the authority against his position, cited inapplicable authority, and seriously misrepresented the record below and the applicable law
- “[A]bsent exceptional circumstances, a party cannot raise on appeal legal issues not raised and considered in the trial forum.”
- “A trial court has discretion to dismiss a complaint which simply duplicates another pending related action.”
- “In the second type of frivolity, while genuinely appealable issues may exist, the appellant’s contentions in prosecuting the appeal are frivolous.”
- “An appeal hav- ing a small chance for success is not for that reason alone frivolous . . . and a questionable appeal may simply be due to the overzealousness or inexperience of counsel.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Markey, Mayer, Michel
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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