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Court rejects appeal bond in Cobell v. Salazar



In a brief full of ad hominem attacks on me and my client, class counsel asked for an $8.3 million appeal bond, requesting millions of dollars of expenses that the D.C. Circuit had held were unavailable under Fed. R. App. Proc. 7. We noted the class counsel's omission of binding precedent and other misleading citations in opposing the request and asked for sanctions. Yesterday, the district court denied the motion, and asked class counsel to submit declarations on the question of whether sanctions were appropriate: "the plaintiffs' motion and reply brief go beyond fair advocacy and border on misrepresentation." [McClatchy; earlier]

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Isaac Gorodetski
Project Manager,
Center for Legal Policy at the
Manhattan Institute
igorodetski@manhattan-institute.org

Katherine Lazarski
Press Officer,
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.