Fees to Recover Sanctions Are Permitted under 28 U.S.C. § 1927
Whether a court can award “fees on fees” is a hot topic, exemplified by the US Supreme Court’s decision in Baker Botts LLP v. Asarco LLC , 135 S. Ct 2158 (2015) which holds that retained counsel cannot obtain compensation for successfully defending a fee application. In the appellate context, the Ninth Circuit laid down rules explaining when an injured party can recover fees incurred in obtaining a sanction against an adversary for a frivolous appeal.
Essentially, the expense of obtaining a monetary sanction can be recovered if the basis for the award is a fee-shifting statute. If the basis for the award is a rule that allows sanctions, “fees on fees” are not recoverable, according to a published-but-unsigned opinion by the Ninth Circuit on April 18.