Civil Procedure — sanctions

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United States Court of Appeals For the Seventh Circuit

Civil

Civil Procedure — sanctions

Where a party appealed despite warning from the district court that her arguments were frivolous, she must show cause why sanctions should not be imposed.

“Rule 38 requires that the party seeking sanctions file a separate motion or that the court give notice and an opportunity to respond. Fed. R. App. P. 38. The defendants did not file a separate motion; rather, they merely raised the issue in their brief. The Advisory Committee Note accompanying Rule 38 states: ‘A statement inserted in a party’s brief that the party moves for sanctions is not sufficient notice. … Only a motion, the purpose of which is to request sanctions, is sufficient. If there is no such motion, notice must come from the court.’ Id., advisory committee’s note (1994 amendments). We do so here: We order Cooney to show cause, within 15 days after the conclusion of this appeal, as to why she should not be required under Rule 38 of the Federal Rules of Appellate Procedure to pay the defendants’ costs and reasonable attorneys’ fees on appeal.”

Affirmed.

10-3842 & 11-1757 Cooney v. Casady

Appeals from the United States District Court for the Northern District of Illinois, Bucklo, J., Tinder, J.