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Thursday, April 28, 2011

Sanctions for frivolous and vexatious litigation. When April Gallop commenced an action claiming that Dick Cheney and Donald Rumsfeld orchestrated the September 11, 2001 attacks for their own political purposes, you could predict that the case was not long for the world. And, of course, it was dismissed. But unwisely, Ms. Gallop and her attorneys chose to appeal, and now they face an award of sanctions. The Second Circuit held that under Rule 38 of the Federal Rules of Appellate Procedure, 28 U.S.C. 1927 and its inherent power, it had the authority to impose such sanctions, provide adequate notice and an opportunity to be heard is afforded. The Court gave Ms. Gallop and her attorneys 30 days to show cause why they should be ordered to pay double costs and damages in the amount of $15,000.

The decision in Gallop v. Cheney can be found here.

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