Appeal/Sanctions:  Ninth Circuit Determines Fees On Fees Not Allowable Under Federal Rule Of Appellate Procedure 38, But Are Awardable Under 28 U.S.C. § 1927

End Result Is That Fee/Costs Order Remained In Effect.

President Coolidge and party on Tower Fall steps, Yellowstone National Park. c1927.  Library of Congress.

        In Blixseth v. Yellowstone Mountain Club, LLC, No. 12-35986 (9^th Cir. April 18, 2017) (published), the Ninth Circuit decided two issues as to whether “fees on fees” were justifiable under Federal Rule of Appellate Procedure 38 and 28 U.S.C. § 1927.  The answers:  “no,” under Rule 38, but “yes” under § 1927 (a sanctions provision), agreeing with the § 1927 analysis of sanctions “fees on fees” in Norelus v. Denny’s, Inc., 628 F.2d 1270, 1297-1302 (11^th Cir. 2010).