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Does “Of Counsel” have Rule 11 duties?

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Manage episode 475048895 series 3344448
Content provided by Tim Kowal & Jeff Lewis, Tim Kowal, and Jeff Lewis. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Tim Kowal & Jeff Lewis, Tim Kowal, and Jeff Lewis or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://staging.podcastplayer.com/legal.

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Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases.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:

  continue reading

172 episodes

Artwork
iconShare
 
Manage episode 475048895 series 3344448
Content provided by Tim Kowal & Jeff Lewis, Tim Kowal, and Jeff Lewis. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Tim Kowal & Jeff Lewis, Tim Kowal, and Jeff Lewis or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://staging.podcastplayer.com/legal.

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:

  continue reading

172 episodes

All episodes

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