Narrative Opinion Summary
In this appellate case, the court addresses the issue of sanctions for a frivolous appeal filed by the appellant, Mary K. Glassman, under Federal Rule of Appellate Procedure 38. The appellant is required to provide justification to avoid the imposition of fees and costs associated with the appeal. The procedural order mandates that Glassman submit a letter brief to the court and the appellee, Raytheon Non-Bargaining Retirement Plan, within thirty days, with specific page limitations and deadlines for responses and replies. The appellant's counsel, Robert E. Glasser, is similarly ordered to demonstrate why sanctions should not be assessed against him, following the same procedural timeline. The court emphasizes the importance of adhering to professional and ethical standards to mitigate potential conflicts of interest between the attorney and client. The outcome will determine whether sanctions are imposed on the appellant and her counsel, based on their justifications for the appeal's validity.
Legal Issues Addressed
Conflict of Interest and Ethical Guidelinessubscribe to see similar legal issues
Application: The court advises adherence to professional and ethical guidelines to prevent conflicts of interest between attorney and client amid potential sanctions.
Reasoning: The Court advises all parties to adhere to relevant professional and ethical guidelines due to possible conflicts between attorney and client.
Frivolous Appeal Sanctions under Federal Rule of Appellate Procedure 38subscribe to see similar legal issues
Application: Appellant Mary K. Glassman is required to justify why sanctions should not be imposed for filing a frivolous appeal, demonstrating the court's enforcement of Rule 38.
Reasoning: Appellant Mary K. Glassman is ordered to demonstrate why fees and costs should not be awarded for filing a frivolous appeal, as per Federal Rule of Appellate Procedure 38.
Procedural Requirements for Submissions Regarding Sanctionssubscribe to see similar legal issues
Application: The court outlines strict procedural rules for the submission of briefs regarding the imposition of fees and costs, including page limits and timelines for all parties involved.
Reasoning: She has thirty days from the order's filing date to submit a letter brief, limited to fifteen pages, to the Court and serve it to Appellee Raytheon Non-Bargaining Retirement Plan.