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.