Oral Bench Ruling Was Final Decision That Triggered Running of Time to Appeal, Holds Fifth Circuit

In Ueckert v. Guerra, No. 22-40263 (5th Cir. June 27, 2022), the Fifth Circuit dismissed as untimely an appeal filed 412 days after a verbal bench order was entered on the docket. “There is at least one exception to the maxim ‘no news is good news.’ When a lawyer has an outstanding motion but hasn’tContinue reading “Oral Bench Ruling Was Final Decision That Triggered Running of Time to Appeal, Holds Fifth Circuit”

Seventh Circuit Criticizes District Court’s Delay in Issuing Its Merits Opinion Months After Ordering Dismissal of the Case, Citing Fed. R. App. P. 4(a)(7)(A)(ii)

In The Association of American Physicians & Surgeons v. American Board of Medical Specialties, No. 20-3072 (7th Cir. Oct. 10., 2021), affirming dismissal of an antitrust complaint brought under § 1 of the Sherman Act, the Seventh Circuit criticizes the district court’s delay in issuing the final opinion—a practice that in other circumstances cold “risk[]Continue reading “Seventh Circuit Criticizes District Court’s Delay in Issuing Its Merits Opinion Months After Ordering Dismissal of the Case, Citing Fed. R. App. P. 4(a)(7)(A)(ii)”