Here’s a fun story about what not to do. As part of a personal injury case,  Outland Renewable Energy was involved in a complicated mess of claims and counter-claims that were eventually all dismissed or settled. Six months later, Outland sought to amend their claims and re-open the case. Their claim was based on the incredible theory that their own original claims were so “fatally flawed,” that they never should have been allowed in the first place. This didn’t fly.

Then, taking it one step further, they asked for a rehearing, on the same general theory. This time, the other party – no doubt sick of paying their lawyer for this mess – asked for sanctions under Federal Rule 38, under which a court may award single or double costs as punishment for a frivolous appeal. That’s exactly what the Court did.

I don’t know who Outland’s lawyers were, but they should have tried a lot harder to convince their client that it was game over, and they needed to stop.