What is the test for determining that an appeal is frivolous?
MultiRegion, United States of America
The following excerpt is from McCulloch v. Albert E. Price, Inc., 3 USPQ2d 1503, 823 F.2d 316 (9th Cir. 1987):
Federal Rule of Appellate Procedure 38 states that if we "determine that an appeal is frivolous, [we] may award just damages" to the appellee. This may include attorney's fees. McConnell v. Critchlow, 661 F.2d 116, 118 (9th Cir.1981). "An appeal is considered frivolous in this circuit when the result is obvious, or the appellant's arguments of error are wholly without merit." Id. (citations omitted).
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