Seventh Circuit Win on Appellate Sanctions

By Christopher Keleher
Founder

This week, an appellate opinion was issued by the Seventh Circuit Court of Appeals in Kinsella v. Baker Hughes. I represented the Appellant in this appeal of an arbitration ruling. The Appellee contended my client pursued a frivolous appeal and sought Rule 38 sanctions. While the Seventh Circuit ultimately rebuffed our position on the underlying merits, it issued an important ruling agreeing with our argument on the issue of Rule 38 sanctions. We asserted that sanctions are a drastic remedy and deploying them here would have a chilling effect on employees and consumers seeking to challenge arbitration rulings. The Seventh Circuit agreed, adopting a narrow reading of what constitutes a frivolous appeal. This victory will help further the pursuit of appellate relief in federal courts.

About the Author

Christopher Keleher clerked for the Hon. William J. Bauer of the U.S. Court of Appeals for the Seventh Circuit.  This unique opportunity provided Mr. Keleher with an invaluable understanding of the inner workings of an appellate court.  He saw what persuades judges and what does not, and utilizes this knowledge every time he writes an appellate brief. The Keleher Appellate Law Group handles all phases of appellate litigation in federal and state courts across the country. Read more here.