In Khatabi v. Car Auto Holdings LLC, No. 24-12573 (11th Cir. May 28, 2026), the Eleventh Circuit holds that the “administrative termination” of a Fed. R. Civ. P. 50 and 59 motions to facilitate a post-trial mediation was not sufficiently conclusive to restart the 30-day clock for filing an appeal under Fed. R. App. P.Continue reading ““Administrative Termination” of a Post-Judgment Motion Did Not “Dispos[e] Of” It for Fed. R. App. P. 4(a)(4)(A) Tolling Purposes, Holds Eleventh Circuit”
Tag Archives: Fed. R. App. P. 4(a)(4)(A)
Fourth Circuit Holds Fed. R. App. P. 4(a)(4)(A) Applies to Interlocutory Appeals, Creating a Split with the Eleventh Circuit
In Gelin v. Baltimore Cnty., No. 23-1541 (4th Cir. Dec. 4, 2024), the Fourth Circuit holds an appeal before it “in abeyance” until the district court decides a pending Fed. R. Civ. P. 59 motion. The panel has occasion to decide that Fed. R. App. P. 4(a)(4)(A) – which provides that certain motions in theContinue reading “Fourth Circuit Holds Fed. R. App. P. 4(a)(4)(A) Applies to Interlocutory Appeals, Creating a Split with the Eleventh Circuit”
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”
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