Perspective
Apr. 14, 2017
Frivolous appeals
We've all run across an appeal that seems frivolous. But while some appeals may be losers, not all loser appeals are frivolous. By Gary A. Watt
Gary A. Watt
Partner
Hanson Bridgett LLP
State Bar Approved, Certified Appellate Specialist
Email: gwatt@hansonbridgett.com
Gary chairs Hanson Bridgett's Appellate Practice. He is a State Bar-approved, certified appellate specialist. In addition to writs and appeals, his practice includes anti-SLAPP and post-trial motions as well as trial and appellate consulting. His blog posts can be read at www.appellateinsight.com.
We've all run across an appeal that seems frivolous. But while some appeals may be losers, not all loser appeals are frivolous. Frivolity - at least the kind that can result in Court of Appeal sanctions - is reserved for the most egregious kind of appeals. But does recognizing a truly frivolous appeal turn on objective criteria? Or is the test more akin to U.S. Supreme Court Justice Potter Stewart's famous threshold test for obscen...
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