ingly. See Weisberg v. Webster, 749 F.2d 864 (D.C.Cir.1984) (Rule 37 context). We have also required that the district court’s conclusions be adequately explained by specific findings. Id. at 873-74. Accordingly, the case is remanded to the district court for imposition of a sanction of at least reasonable attorneys’ fees, costs, and expenses against appellee and/or its counsel, supported by specific findings. We urge the court on remand to be mindful that the costs of sanction litigation can exceed the efficiencies sought by the Federal Rules, and thus to limit the scope of its proceedings accordingly.
Helms also requests attorneys’ fees and costs for the prosecution of this appeal. We have found no Rule 11 case to support this proposition; Helms does refer to Tamari v. Bache & Co. (Lebanon) S.A.L., 729 F.2d 469, 475 (7th Cir.1984). There the court awarded fees and costs for the appellate defense of a district court's award of Rule 37(b) sanctions under the rationale that the errant party’s appeal caused the awardee to incur additional expenses in order to defend the district court’s imposition of sanctions. Thus, the court concluded, in the words of Rule 37(b) the appellate expenses were “caused by the failure” of the disobedient party to comply with a court order. The court also relied on an important policy consideration: requiring a party to bear these expenses could greatly offset the amount of the sanction and thus create a disincentive for seeking sanctions.
Rule 11 provides for an award of expenses “incurred because of the filing of the pleading, motion, or other paper.” The present case represents the flip side of
Tamari. Here sanctions were
denied in the district court; only through appeal did Helms obtain his award. We think it would be anomalous indeed to deny Helms his expenses incurred in prosecuting this successful appeal where he clearly
prevailed on the substantive issue of the propriety of appellee's right to seek contempt sanctions. We accordingly think it reasonable to conclude that Helms’ appellate expenses were “incurred because of” the filing of the petition. Further, the policy concerns present in
Tamari apply equally here: It is very possible that appellate expenses might exceed substantially the sanction in the district court, thus forcing many litigants in appellant’s position to conclude that the vindication of the Rule 11 interest is not worth the candle.
See also Mickwee v. HSU, 753 F.2d 770 (9th Cir.1985). Unquestionably, this would undermine the purposes behind Rule 11. Rule 11 is specifically designed to deter groundless litigation tactics and stem needless litigation costs to courts and counsel. Given this, we find it hard to believe that the drafters of the rule intended appellants such as Helms to bear their own appellate costs necessary to correct the error of appellees’ ways. Moreover, in other areas of the law appellate fees are awarded where an appeal is necessary to correct a district court’s erroneous denial of fees.
See, e.g., Matter of Pine, 705 F.2d 936 (7th Cir.1983) (appellate fees awarded for appeal from denial of fees in bankruptcy court);
see also Bond v. Stanton, 630 F.2d 1231, 1235 (7th Cir.1980) (prevailing plaintiffs entitled to fee awards for time spent litigating their claim to fees under 42 U.S.C. § 1988) (“[D]enying attorneys’ fees for time spent in obtaining them would ‘dilute the value of a fees award by forcing attorneys into extensive, uncompensated litigation in order to gain any fees.’ ” (quoting
Stanford Daily v. Zurcher, 64 F.R.D. 680, 684 (N.D.Cal.1974),
aff'd, 550 F.2d 464 (9th Cir.1977),
rev’d on other grounds, 436 U.S. 547, 98 S.Ct. 1970, 56 L.Ed.2d 525 (1978));
Gagne v. Maher, 594 F.2d 336, 344 (2d Cir.1979) (same),
aff'd, 448 U.S. 122, 100 S.Ct. 2570, 65 L.Ed.2d 653 (1980);
Environmental Defense Fund v. EPA, 672 F.2d 42, 62 (D.C.Cir.1982) (where attorneys’ fee question has “become one of the issues of the ease,” Toxic Substances Control Act, 15 U.S.C. § 2618(d), compensates fees incurred in efforts to obtain fee request). The calculation of the amount of the appellate attorneys’ fee award can best be made by the district court.
Perkins v. Standard Oil Co., 399 U.S. 222, 90 S.Ct. 1989, 26 L.Ed.2d 534 (1970) (per curiam) (award of appellate fees should, as a general rule, be fixed in first instance by district court);
Panior v. Iberville Parish School Board, 543 F.2d 1117, 1120 (5th Cir.1976)