Neumoyer v. J.B. Hunt Transportation Services, Inc., 2024 WL 261164 - This case arises from a motor vehicle accident in which the defendant Hill was operating his motor vehicle with the plaintiff as a passenger when their...more
Persuading a bankruptcy judge to find “excusable neglect” after missing a filing deadline is usually a tough sell. You’d think it would be particularly hard when the party seeking relief was “belligerent and disrespectful to...more
Another case shows the perils of waiting until the final minutes to meet a court deadline. In re U-Haul, 21-bk-20140, 2021 Bankr LEXIS 3373 (Bankr. S.D. W. Va. Dec. 10, 2021). The debtor is a well-known truck rental...more
Last February, we blogged about the Third Circuit’s decision in In re Energy Future Holdings Corp, No. 19-1430, 2020 U.S. App. LEXIS 4947 (Feb. 18, 2020). The Third Circuit approved a process for resolving asbestos claims in...more
The Bullet Point: An Ohio Commercial Law Bulletin Is My Cure Offer under the Consumer Sales Practices Act Timely? September 14, 2020 Timing of Cure Offer Norman v. Kellie Auto Sales, Inc., 10th Dist. Franklin No....more
For years, federal courts in California have been inundated with wage and hour class actions. Because these cases often clogged district court dockets for months (and, sometimes, even years) on end, the Central District of...more
The case involved a dispute over an automobile equipment supply contract. The parties’ disagreement was arbitrated, and the prevailing party filed in federal court for confirmation of the award. The supplier, after losing the...more
Seyfarth Synopsis: The United States Court of Appeals for the Fifth Circuit held that an untimely Notice of Contest to an OSHA citation was permissible due to “excusable neglect” by the employer, on account of a single...more
In The Urban Wildlands Group, Inc. v. City of Los Angeles et al., No. B271350 (Cal. Ct. App. 2nd District, April 13, 2017), The Urban Wildlands Group Inc. (Urban Wildlands) filed a petition for writ of mandate and a complaint...more
The USPTO Director granted a request to extend a missed deadline for an appeal of an IPR decision to the Federal Circuit due to the patent owner’s excusable neglect in Mitsubishi Cable Industr., Ltd. v. Goto Denshi Co., Ltd.,...more
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
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
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
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
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
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