Alan Dershowitz signed a complaint containing frivolous allegations in Kerri Lake v. Gates. But he’s only “of counsel” who reviewed one paragraph, containing nothing frivolous. So the panel reversed the Rule 11 sanctions—but warns that, going forward, “of counsel” is not a valid defense. Judge Bumatay writes separately to say it should be. Jeff agrees with the majority, but Tim raises a possible chilling effect for trial consultants and appellate counsel—does one bad banana expose the entire trial team to sanctions?
Also:
- Is judicial impeachment a real threat or just cable-news cosplay?
- Discovery fee awards aren’t sanctions unless the judge calls it a sanction.
- A SLAPP fee order isn't separately appealable—even if it feels like it should be.
- Teaser for next week: Sexton v. Apple Studios—where vaccine mandates, historical drama, and anti-SLAPP collide.
Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.
Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.
Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases.
Other items discussed in the episode:
- You can appeal discovery sanctions, but not a mere cost allocation
- Can an attorney sign as to only part of a pleading?
- Are articles of impeachment "attacks" on judicial independence?
- Appealability of SLAPP Fee Orders
