Now THIS Really IS a Frivolous Lawsuit…

I have written here before that the legal ethics breach of filing a frivolous lawsuit (prohibited by Rule 3.1 in most state Rules of Professional Conduct) is almost impossible to accomplish, because it requires a lawyer to lack a good faith belief that the suit can prevail. Since bizarre and attenuated theories sometime do prevail, a law suit really has show no merit at all to prompt sanctions. Like this one, for instance. I quote from the Illinois Institute of Continuing Education’s summary:

“The United States Court of Appeals for the Second Circuit, acting sua sponte, found that the appeal filed by three attorneys in Gallop v. Cheney…, claiming that White House and military officials conspired to cover up government involvement in the 9/11 terrorist attacks was frivolous in that it was “brought without the slightest chance of success>’…The court found that the appeal contained a “comprehensive compilation of every rumor, report, statement, and anecdote that may reveal an inconsistency or omission” in official reports….The court stated that the misconduct was compounded by the filing of a motion to recuse the entire panel that was “peppered with disdainful and unsubstantiated conclusions about the panel members’ emotional stability and competence to serve objectively.” The motion accused the judges of having “severe bias, based in active personal emotions arising from the 9/11 attack . . . leading to a categorical prejudgment totally rejecting [Gallop’s] Complaint, out of hand and with palpable animus.”

“The court found the three attorneys jointly and severally liable for $15,000 in fines and ordered them to pay double the government’s costs for both the frivolous appeal and the recusal motion. The court also ruled that whenever one of the attorneys appears before any tribunal in the Second Circuit within the next year, he must alert the court to the sanctions.

“The court declined to sanction the appellant herself because she relied heavily on her lawyers and did not labor under the same legal and ethical obligations to the court as her attorneys.” 



The case is Gallop v. Cheney, 642 F.3d 364, 370 (2d Cir. 2011)


12 thoughts on “Now THIS Really IS a Frivolous Lawsuit…

  1. LOL The damn Socialist’s government recommendations and EPA study, too.
    A private sector company did the study finding that too much fluoride is a bad thing?

  2. What are fluoride’s benefits? It never stopped dental cavities in anyone I know. I think it’s a mind control substance designed to make us docile in the face of a totalitarian government. Apparently the OWS crowd was bypassed. 🙂

  3. The lawyers who filed the suit may end up being targeted by Al Qaeda. When Iran’s president claimed there was a U.S. conspiracy on 9-11 Al Qaeda became enraged because they were insulted. They did it and they DEMAND all of the credit.

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