Abner v. Scott Memorial Hospital

In appeal of grant of defendant's motion for summary judgment in action under False Claims Act, Ct. of Appeals summarily affirmed judgment after noting that plaintiff's opening brief contained approximately 4,000 words over 14,000-word limit set forth in FRAP 32(a)(7)(B), and that plaintiff's counsel had misrepresented that brief had conformed to applicable word limit. While Ct. also found that appeal had no merit, Ct. cautioned that similar flagrant violation of page limitation rule could result in dismissal of appeal.