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01-2799, 01-3024 Grove Fresh Distributors, Inc. v. John Labatt Ltd.

By: dmc-admin//August 12, 2002//

01-2799, 01-3024 Grove Fresh Distributors, Inc. v. John Labatt Ltd.

By: dmc-admin//August 12, 2002//

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“We conclude that Rule 38 sanctions are appropriate in this case. We agree with the appellees that this appeal is simply Messina’s attempt to repackage his prior appeals. Given that Messina’s claims have been unsuccessfully litigated numerous times in both this Court and in the district court, Messina could not have believed in good faith that he might be successful this time around. See, e.g., Berwick, 217 F.3d at 506 (imposing Rule 38 sanctions when appellant could not have reasonably believed that his appeal was filed in good faith based on its complete lack of substantive merit). In his previous appeal, we warned that any future abuse of the legal system would result in sanctions. Messina failed to heed this warning. Because we have previously affirmed Judge Zagel’s rulings against Messina, his latest attempt to manipulate the legal system can only be characterized as frivolous. We order Messina to pay costs, plus $1,500 to American Citrus for his abuse of the litigation process and the frivolous nature of this appeal.”

Affirmed.

Appeals from the United States District Court for the Northern District of Illinois, Zagel, J., Bauer, J.

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