McKnight v. General Motors, 511 U.S. 659 (1994)

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE SEVENTH CIRCUIT

Syllabus

When the Court of Appeals dismissed petitioner’s appeal of the dismissal of his employment discrimination claim, it also imposed sanctions, finding that the appeal was frivolous in light of controlling Circuit precedent holding that § 101 of the Civil Rights Act of 1991 does not apply to cases arising before its enactment.

Held: if sanctions were imposed solely because the retroactivity argument was foreclosed by Circuit precedent, the sanctions order was improper. While the Court of Appeals correctly rejected petitioner’s argument that § 101 applies retroactively, see, e.g., Landgraf v. USA Film Products, ante, p. 244, at the time of his appeal, this Court had not yet ruled on the question. Filing an appeal was the only way he could preserve the issue pending a possible favorable decision by this Court. The retroactivity question had divided the District Courts, and its answer was not so clear as to make his position frivolous.

Certiorari granted; vacated and remanded.