Excusable Neglect

News & Analysis as of

Supreme Court Affirms Dismissal of Case That Resulted From Counsel’s Failure to Ensure Accurate Contact Information in Electronic...

In the first Rhode Island Supreme Court decision to address the Rhode Island Judiciary’s new electronic filing system, the Court cautioned counsel to confirm the accuracy of their service contact information to ensure receipt...more

California Court Reluctantly Vacates Dismissal of Legal Malpractice Action

Younessi v. Woolf (Cal. Ct. App. Feb. 16, 2016) - Brief Summary - The California Court of Appeal, Fourth District, reluctantly affirmed an order vacating the dismissal of an attorney malpractice action where...more

Don’t be Delinquent — Employer Loses Contribution Case by Default

The Court of Appeals for the Seventh Circuit recently affirmed the importance of paying close attention to procedural rules. In Central Illinois Carpenters Health & Welfare Trust Fund v. Con-Tech Carpentry, LLC, No....more

Second District Court of Appeal finds Failure to Request a CEQA Hearing within 90 Days is Excusable Neglect

The Second District Court of Appeal has issued a decision in Comunidad en Accion v. Los Angeles City Council (case no. B240554 (Sept. 20, 2013), finding that the petitioner’s failure to timely request a hearing under the...more

Missing CEQA Statute of Limitations Is Not Excusable Neglect, Third District Holds

In its terse, no-nonsense opinion in Alliance For the Protection of the Auburn Community v. County of Placer, et al. (2013) 215 Cal.App.4th 25, ordered published onApril 2, 2013, the Third District Court of Appeal affirmed a...more

You Lost a Lawsuit And There Is A Final Judgment Against You – Or Is It? #Judgments

It is not uncommon for a person to receive notice that a default judgment has been entered against them in a lawsuit, even though the person may have not ever known of the existence of the lawsuit. ...more

In re Canopy Financial, Inc.: A Primer From the Seventh Circuit on Excusable Neglect

What is “excusable neglect” under Fed. R. Civ. P. 60(b)(1)? The answer is that it depends, but generally it’s not much. That’s the first lesson from the Seventh Circuit’s recent decision in In re Canopy Financial, Inc., No....more

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