In Rudometkin v. Driscoll, No. 25-5033 (D.C. Cir. Aug. 24, 2026), the D.C. Circuit considers its jurisdiction over two pro se notices of appeal filed beyond the 30- or 60-day deadline. It holds that “if a pro se notice of appeal can reasonably be read as recognizing that the appeal is late, providing reasons forContinue reading “D.C. Circuit Cuts Pro Se Litigants Some (But Not Unlimited) Slack on Filing a Late Notice of Appeal Under Fed. R. App. P. 4(a)(1)”
Tag Archives: Fed. R. App. P. 4(a)(1)(A)
Second Circuit Holds That Late Filing Under Fed. R. App. P. 4(a)(4)(A) Is Not Subject to Equitable Exceptions, Overruling Prior Circuit Authority
In Malek v. Feigenbaum, No. 23-992 (2d Cir. Sept. 11, 2024), the Second Circuit dismisses an appeal filed belatedly under Fed. R. App. P. 4(a)(4)(A), and further holds under the intervening authority of Nutraceutical Corp. v. Lambert, 586 U.S. 188 (2019), negates prior circuit authority that might have recognized equitable exceptions to the 30-day deadline.Continue reading “Second Circuit Holds That Late Filing Under Fed. R. App. P. 4(a)(4)(A) Is Not Subject to Equitable Exceptions, Overruling Prior Circuit Authority”
Plaintiffs Waited Too Long to Appeal Post-Judgment Formula for Calculating Interest, Holds Second Circuit
In Amara v. Cigna Corp., No. 20-202 (2d Cir. Nov. 10, 2022), reviewing post-judgment orders in a long-running class action under the Employee Retirement Income Security Act (ERISA), the Second Circuit holds that it has no jurisdiction over the plaintiff-class’s challenge to the district court’s orders setting the formula for calculating interest because the noticeContinue reading “Plaintiffs Waited Too Long to Appeal Post-Judgment Formula for Calculating Interest, Holds Second Circuit”
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