Tuesday, April 18, 2017

Blixseth v. Yellowstone Mountain Club (9th Cir. - April 18, 2017)

Attorney Michael J. Flynn gets sanctioned by the Ninth Circuit.  A lot.  Under both FRAP 38 as well as under Section 1927.  For frivolous and bad faith litigation.  That's not good.

But that's not the end of things.  The Appellate Commissioner then has to figure out precisely how much Flynn has to pay.  And does.  At which point Flynn continues to object.

For a sense of Flynn's approach to the appeal, I'll just quote from the last three sentences of the opinion.  Which, not surprisingly, affirms the decision of the Appellate Commissioner:

"Flynn’s requests in the motion and amended motion for reconsideration for recusal of this panel, appointment of a new panel, conversion of this matter to a criminal proceeding, transfer of the matter to the United States Attorney, and holding of the awards in abeyance are denied. Flynn’s suggestion for reconsideration en banc is rejected on behalf of the Court. [Cite]. No further filings by Blixseth or Flynn will be entertained in this closed appeal unless specifically requested by further order of the court."

Sometimes it's healthier just to let things go.