Pratt

Pratt v. California

Good Law
11 F. App'x 833
United States Court of Appeals for the Ninth CircuitApril 4, 2001No. 99-16705; D.C. No. CV 95-05856-RECCalifornia1,951 words

Opinion

Lead Opinion

MEMORANDUM *

William B. Phillips and Linda S. Mitlyng, former counsel for a plaintiff, Terry W. Pratt, in an employment discrimination case, appeal the district court’s orders awarding attorney’s fees to defendants pursuant to 28 U.S.C. § 1927 . They argue that they should not be held jointly and severally liable for the fees, when the sanctionable conduct was that of their co-counsel, Richard Hale. Moreover, they argue that the amount of fees awarded was unreasonable and that the district court should have granted their counter-motions for costs and attorney’s fees against the defendants. We affirm.

Bad faith

The district court did not abuse its discretion in awarding $4610 .00 against all three of Pratt’s attorneys. Section 1927 sanctions “must be supported by a finding of subjective bad faith.” In re: Keegan Mgmt. Co., Securities Litigation, 78 F.3d 431, 436 (9th Cir.1995) (quoting New Alaska Dev. Corp. v. Guetschow, 869 F.2d 1298 , 1306 (9th Cir.1989)). “Bad faith is present when an attorney knowingly or recklessly raises a frivolous argument, or argues a meritorious claim for the purpose of harassing an opponent.” Id. (quoting Estate of Blas v. Winkler, 792 F.2d 858, 860…

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