United States Sixth Circuit

Upon consideration of the parties' submissions on the issue of sanctions to be imposed on plaintiffs for their frivolous appeal, the circuit court imposes sanctions of $10,000 on plaintiffs and attorneys where: 1) defendants' requested amount of over $150,000 based on over 500 hours of attorneys' work was excessive in light of the glaringly defective arguments raised by plaintiffs below, and on appeal; and 2) $10,000 was a reasonable measure of the costs necessary to prevail on appeal, and was sufficient for deterrence purposes.

Appellate Information

• Decided 07/25/2008
• Published 07/25/2008

Judges

• Before:  MOORE, GILMAN, and SUTTON, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Stephen M. Ryan, Stephen M. Ryan, P.L.L.C., Bingham Farms, Michigan, for Appellants.  John A. Cook, Law Office of John A. Cook, PLLC, Royal Oak, Michigan, for Appellees.   ON BRIEF:  Stephen M. Ryan, Stephen M. Ryan, P.L.L.C., Bingham Farms, Michigan, for Appellants.  John A. Cook, LAW Office of John A. Cook, PLLC, Royal Oak, Michigan, Gerard Mantese, Mark C. Rossman, Mantese & Rossman, P.C., Troy, Michigan, for Appellees.