Democrats election super-lawyer Marc Elias, of Perkins Coie, and two others have seen sanctions against them upheld by the U.S. Court of Appeals for the Fifth Circuit in New Orleans. They were compelled to pay counsel fees for filing a motion without disclosing that another panel had considered the issue and ruled adversely. Former Solicitor General Paul Clement, a Republican, represented Elias on appeal. Clement warned that sanctioning a "good faith mistake" would send a chilling message to lawyers about the risks of vigorous advocacy - punishing narrow, technical violations such as here for an alleged "lack of candor" in violation of local court rules.
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