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Appeal Bond Requirement Upheld
The plaintiff brought a copyright case and was required to post a $3500 bond to appeal the adverse decision.
There is no due process right to an appeal or to absolute equality in the appellate process. However, when an appeal is afforded, it cannot be granted to some litigants and capriciously or arbitrarily denied to others without denying equal protection. At 77:
"Therefore, principles of due process and equal protection mandate that an appeal process established by statute must be fairly and equally accessible to all litigants." Fees and security may be required. At 77: "Government's power to 'close its courts' by imposing fees upon appeal, however, is not unlimited, and may be invalid either facially, ... or as applied." At 78: "A cost requirement, however, valid on its face may be unconstitutional as applied to a particular case...."] Here, the bond is not an "impermissible barrier" absent any showing of financial hardship. See; Adsani v. Miller, 139 F.3d 67 (2d Cir. 1998).
There is no due process right to an appeal or to absolute equality in the appellate process. However, when an appeal is afforded, it cannot be granted to some litigants and capriciously or arbitrarily denied to others without denying equal protection. At 77:
"Therefore, principles of due process and equal protection mandate that an appeal process established by statute must be fairly and equally accessible to all litigants." Fees and security may be required. At 77: "Government's power to 'close its courts' by imposing fees upon appeal, however, is not unlimited, and may be invalid either facially, ... or as applied." At 78: "A cost requirement, however, valid on its face may be unconstitutional as applied to a particular case...."] Here, the bond is not an "impermissible barrier" absent any showing of financial hardship. See; Adsani v. Miller, 139 F.3d 67 (2d Cir. 1998).
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Related legal case
Adsani v. Miller
| Year | 1998 |
|---|---|
| Cite | 139 F.3d 67 (2d Cir. 1998) |
| Level | Court of Appeals |
| Injunction Status | N/A |