Frivolous Appeal

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7^th Circuit Court of Appeals

Case Name: Dariusz Jaworski, et al. v. Master Hand Contracts, Inc., et al.

Case No.: 16-3601

Officials: WOOD, Chief Judge, and EASTERBROOK and SYKES, Circuit Judges.

Focus: Frivolous Appeal

Dariusz Jaworski, Boguslaw Moskal, and Ryszard Bester were never paid for construction services they performed for Master Hand Contractors, Inc. They filed this lawsuit to force Master Hand to pay up. The district court sided with the plaintiffs through two partial summary judgments and a bench trial. Liability in the neighborhood of $340,000 now hangs over Master Hand’s head.

This appeal asks us to review certain elements of the judge’s various rulings. We decline to do so. Master Hand inexplicably failed to submit critical district-court opinions with its opening brief. This is a flagrant violation of Circuit Rule 30 that we cannot overlook.

Accordingly, we summarily affirm the judgment as a sanction. This remedy alone does not make things right. Master Hand’s appeal is patently frivolous. Its arguments, once deciphered, are nothing more than naked assertions. And they fail on their face. Jaworski and his coappellees should not have been made to defend against such an appeal. As an additional sanction, we order Master Hand to pay their attorneys’ fees and costs.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.