Fourth Circuit Holds That Absent a “Separate Document” Setting Out an Order as a Judgment Under Fed. R. Civ. P 58(a), Deadline for Attorney’s Fee Never Triggered

In CX Reinsurance Co. Ltd. v. Johnson, No. 19-1516 (4th Cir. Oct. 14, 2020), a confused timeline made it unclear whether defendant filed his attorney’s fee petition on time under the local rules. But because the district court failed to set out the judgment in a “separate document” under Fed. R. Civ. P 58(a), theContinue reading “Fourth Circuit Holds That Absent a “Separate Document” Setting Out an Order as a Judgment Under Fed. R. Civ. P 58(a), Deadline for Attorney’s Fee Never Triggered”

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”