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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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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.