Article · Litigation
The Filing That Costs You Money: How Litigation Sanctions Actually Work
28 U.S.C. § 1927
- Type
- Article
- Jurisdiction
- National
- Date
- 2025-07-27
- Topic
- Litigation
Most filings that annoy a judge are not sanctionable, and most sanctionable conduct is never sanctioned. This article explains the difference. It covers Rule 11 and the twenty-one day safe harbor that quietly resolves the great majority of disputes before any motion is filed, why the rule reaches representations rather than losing arguments, and why the certification is renewed every time a position is later advocated. It works through Section 1927's multiplication-of-proceedings standard, the court's inherent power and its bad-faith requirement, discovery sanctions, and the compensatory limit the Supreme Court has imposed on inherent-power awards. It covers vexatious litigant and prefiling orders, the narrow conditions under which they are proper, and the screening of in forma pauperis filings. It closes with how to serve a safe harbor letter, how to answer a sanctions motion, and how not to get sanctioned in the first place.
The full text of this document is available to Executive subscribers and above. See plans.