Frivolous appeals and abusive appeal tactics contribute to the enormous workload of the federal courts of appeals. Because these courts have been unsuccessful in defining clearly when and under what circumstances they will impose sanctions for frivolous appeals or abusive appeal tactics, the deterrent effect of these sanctions has been minimal. Professor Martineau proposes a new rule requiring sanctions for either frivolous appeals or abusive appeal tactics, arguing that sanctions are necessary to protect both litigants and the ability of the federal appellate courts to decide cases in an expeditious and fair manner.
Robert J. Martineau,
Frivolous Appeals: The Uncertain Federal Response,
1984 Duke Law Journal
Available at: http://scholarship.law.duke.edu/dlj/vol33/iss5/1