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David Feldman v. Olin Corporation, et al

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SUBMITTED JANUARY 17, 2012

Before CUDAHY, POSNER, and MANION, Circuit Judges.

The appellants are lawyers who represented the plaintiff in this employment dis- crimination case. One of the defendants, Global Brass and Copper, Inc., moved the district court for sanctions, pursuant both to Fed. R. Civ. P. 11(b) and (c)(1) and to the court’s inherent authority to impose sanctions for frivolous litigation. Chambers v. NASCO, Inc., 501 U.S. 32, 45-46 (1991); Roadway Express, Inc. v. Piper, 447 U.S. 752, 764-65 (1980); Carr v. Tillery, 591 F.3d 909, 919-20 (7th Cir. 2010). The basis for the motion was that the plaintiff had improperly joined Global–which had never employed the plaintiff–as a defendant. The district judge granted the motion and ordered the plaintiff to pay Global the attorneys’ fees that it had incurred in defending the suit. At the same time the judge ordered the entire suit dismissed with prejudice. The plaintiff filed a timely notice of appeal from both the judgment and the attor- neys’ fee order on December 23, 2010. That appeal is pending.

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