Sixth Circuit Holds That Notice of Appeal Was Timely Filed When It Was Deposited in the Court Drop Box

In Pierce v. Ocwen Loan Servg., LLC, No. 20-6057 (6th Cir. Feb. 4, 2021), a motion panel denies a motion to dismiss an appeal on limitations grounds, holding that the lawyer dropping the paper notice of appeal in the district court’s drop box constituted filing for purposes of Fed. R. App. P. 4. “Homeowners GeraldContinue reading “Sixth Circuit Holds That Notice of Appeal Was Timely Filed When It Was Deposited in the Court Drop Box”

Plaintiffs Run Out 150-Day Fail Safe Limit Under Fed. R. Civ. P. 58(c) to Appeal From MDL, Holds Seventh Circuit

In Bell v. Albertson Cos., Inc., No. 19-2581 (7th Cir. Dec. 7, 2020), a two-judge panel of the Seventh Circuit (after Judge Barrett’s elevation to the Supreme Court) reverses the district court’s dismissal of unfair business practice claims, but holds that two of the appeals are time-barred under Fed. R. Civ. P 58(c) and Fed.Continue reading “Plaintiffs Run Out 150-Day Fail Safe Limit Under Fed. R. Civ. P. 58(c) to Appeal From MDL, Holds Seventh Circuit”

Fifth Circuit Eats Crow As It Withdraws Entire Decision on the Merits, Finding That the Notices of Appeal Were Filed Too Late

In Edwards v. 4JLJ, LLC, No. 19-40553 (5th Cir. Sept. 21, 2020), a panel of the Fifth Circuit reconsiders an appeal from a Fair Labor Standards Act trial and concludes that the merits decision must be almost-entirely withdrawn, owing to the cross-notices of appeal being filed too late. In the prior opinion, Edwards v. 4JLJ,Continue reading “Fifth Circuit Eats Crow As It Withdraws Entire Decision on the Merits, Finding That the Notices of Appeal Were Filed Too Late”

Ninth Circuit Holds That Filing of Fee Petition Under Lanham Act Does Not Toll Period for Filing Notice of Appeal, Splitting with the Seventh Circuit

In Nutrition Distribution LLC V. IronMag Labs, LLC, No. 19-55251 (9th Cir. Aug. 25, 2020), the Ninth Circuit decides – as a matter of first impression for that court – that the filing of a fee petition under Fed. R. Civ. P. 54(d) in a Lanham Act case does not extend the 30-day limitations periodContinue reading “Ninth Circuit Holds That Filing of Fee Petition Under Lanham Act Does Not Toll Period for Filing Notice of Appeal, Splitting with the Seventh Circuit”

Premature Notice of Appeal Tanks Jurisdiction, Holds First Circuit, Creating Circuit Split

In Donahue v. FNMA, No. 19-1618 (1st Cir. Aug. 14, 2020), the court holds that a notice of appeal filed before the last of the parties is dismissed does not confer appellate jurisdiction and cannot be corrected later by filing a voluntary dismissal in the district court. At least three circuits have held, to theContinue reading “Premature Notice of Appeal Tanks Jurisdiction, Holds First Circuit, Creating Circuit Split”

“Improperly Filed” Post-Judgment Motion by Non-Lawyer Did Not Toll Filing Deadline for Appeal, Tenth Circuit Holds

In Bunn v. Perdue, No. 19-2138 (10th Cir. July 28, 2020), the court holds that the automatic tolling for the filing of an appeal under Fed. R. App. P. 4(a)(4)(A) does not apply when a post-judgment motion is “improperly filed” by someone other than counsel of record. Plaintiff, who was represented by counsel, lost hisContinue reading ““Improperly Filed” Post-Judgment Motion by Non-Lawyer Did Not Toll Filing Deadline for Appeal, Tenth Circuit Holds”