Tag Archives: Duty of Candor

The Sixth Circuit Warns: If You Act “Ostrich-Like” On Appeal, You May Be Sanctioned Under Rule 38

Frivolous and unwarranted appeals.  They continue to be a problem in the Sixth Circuit, as long-time followers of our blog know.  We’ve gone back and reviewed over two years’ worth of opinions in the Sixth Circuit, and the picture that emerges is one of too many parties and too many attorneys pursuing frivolous and unwarranted … Continue Reading

Ethics and Professionalism In the Sixth Circuit

In addition to my active appellate practice, I have spent a substantial portion of my career focusing on the field of ethics and professionalism.  Although these areas of law often intersect, I generally see little professional commentary on appellate ethics.  Part of the reason, of course, is that appellate practice is very specialized, and there … Continue Reading