May an appellate court award damages for a frivolous appeal when the test used is unsupported by Circuit precedent and contradicts federal statute and Supreme Court precedence?

ISSUES PRESENTED 1.) May an appellate court award damages for an appeal they find frivolous when a test is espoused that is neither supported by the case precedence of the Circuit and is in contravention to 28 U.S.C. 2106, Supreme Court precedence and violation the Lanham Act? 2.) Must a Court consider arguments as to the nonfrivolity of an appeal when determining an amount to award in monetary damages? 3.) Is the Ninth Circuit’s refusal to apportion an award of joint and several sanctions pursuant to Fed R. App. P. 38 against the attorney and the client a violation of the Due Process Clause of the Fifth Amendment of the United States Constitution?