Tag Archives: Cross-Appeal

A Failure to Timely Cross-Appeal an Issue Is Not Jurisdictional and Thus Objection to Such an Omission Can Be Forfeited, Holds Sixth Circuit

In Georgia-Pacific Consumer Prods. v. NCR Corp., No.18-1806 (6th Cir. July 14, 2022), in an order denying rehearing en banc, the panel amends its original order with an appendix to hold that any objection to a party’s failure to timely cross-appeal from a final judgment does not go to subject-matter jurisdiction, and thus may beContinue reading “A Failure to Timely Cross-Appeal an Issue Is Not Jurisdictional and Thus Objection to Such an Omission Can Be Forfeited, Holds Sixth Circuit”

Fifth Circuit Offers Litigants A Primer About When They Need to Cross-Appeal Versus Urging Affirmance on Alternative Grounds

In Domain Protection LLC v. Sea Wasp LLC, No. 20-40411 (5th Cir. Jan 13, 2022), the panel uses the occasion of “three appeals arising from one lawsuit—one from the plaintiff, one from the defendant, one from [a] sanctioned lawyer— . . . to clarify when arguments should be made in responsive briefing and when theyContinue reading “Fifth Circuit Offers Litigants A Primer About When They Need to Cross-Appeal Versus Urging Affirmance on Alternative Grounds”