Link to Case
Keywords: Procedural rulings, denial of sanctions, appealability
Panel: Cabranes, Pooler, and Lynch
Opinion by: Lynch
Appeal from: NDNY (Sharpe, USDJ)
Result below: Recusal and sanctions denied
Result: Dismissed for lack of jurisdiction
Appealability of Denial of Sanctions
The district court declined to enter sanctions against the appellant, an attorney on a matter before that court. Although it commented upon the attorney’s “troubling” behavior and questionable “candor and honesty”, it made no findings of fact concerning improper conduct. The Second Circuit holds that denials of sanctions are appealable unless accompanied by findings that an attorney is guilty of specific misconduct. “Routine judicial commentary or criticism” such as that in the appealed order are not appealable.
