Petition of the day

By Maureen Johnston
on Aug 15, 2014 at 10:10 pm

The petition of the day is:

Issue: (1) Whether Section 1927 of Title 28 of the United States Code, which provides that when an attorney “unreasonably and vexatiously” multiplies proceedings, he may be required “to satisfy personally the excess costs, expenses, and attorneys’ fees reasonably incurred because of such conduct,” categorically prohibits courts from considering an attorney’s ability to pay when exercising their discretion in determining the amount of sanctions to be imposed; and (2) whether Section 1927 permits courts to impose sanctions when the attorney’s conduct was neither reckless nor in subjective bad faith.