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Filing Deadlines Federal Rules of Appellate Procedure

Fox Rothschild LLP

Fourth Circuit Holds Actual Notice Required For FRAP 4(a)(6)

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Most practitioners are likely happy to have limited familiarity with Rule 4(a)(6) of the Federal Rules of Appellate Procedure. The Rule allows the district court, in its discretion, to reopen for 14 days a party’s time to...more

Fox Rothschild LLP

Whoever Said “Don’t Count the Days, Make the Days Count,” Must Not Have Needed to File a Notice of Appeal

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While the Rolling Stones may have believed that time was on their side, today the Court of Appeals reminded prospective appellants that, when faced with a deadline for filing a Notice of Appeal, time is definitely not on...more

Pullman & Comley, LLC

I Missed the Appeal Period. What Do I Do? Filing a Late Appeal

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Sometimes due to factors out of our control, we are faced with having to file an appeal from a final judgment after the appeal period has already passed. Is this allowed? Sometimes. Is all hope lost? Not necessarily. Here are...more

Pullman & Comley, LLC

How Do I Get More Time to File My Appeal?

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As an appellate lawyer with considerable experience in both state and federal appellate courts, I often receive calls from colleagues who are either in the midst of trying a case, or who have just received a decision or...more

King & Spalding

Supreme Court Holds 14-Day Deadline to Request Permission to Appeal Class Certification Order Is Not Subject to Equitable Tolling

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On February 26, the Supreme Court unanimously held in Nutraceutical Corporation v. Lambert that the text of Rule 23(f)—which sets a 14-day deadline for a party to petition a circuit court for permission to appeal a district...more

Jones Day

Supreme Court Forecloses Equitable Tolling Of Deadline For Class Certification Appeals

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The Court's decision reinforces the inflexibility of the Federal Rules' deadline to file petitions for permission to appeal and cautions against reliance on equitable principles, even where diligence and good cause may exist....more

A&O Shearman

Supreme Court Rules That Deadline For Appealing Class Certification Decision Is Not Subject To Equitable Tolling

A&O Shearman on

On February 26, 2019, the United States Supreme Court unanimously reversed a decision from the United States Court of Appeals for the Ninth Circuit, which had held that Rule 23(f) of the Federal Rules of Civil Procedure is...more

Akin Gump Strauss Hauer & Feld LLP

U.S. Supreme Court: Rule 23(f)’s Deadline to Petition for Interlocutory Appeal of Class Certification Rulings Cannot Be Equitably...

• The United States Supreme Court held that Federal Rule of Civil Procedure 23(f)’s 14-day deadline for parties to seek permission for interlocutory review of class certification decisions is not subject to equitable tolling....more

Proskauer - Advertising Law

If Class Action Litigants Could Turn Back Time (The Text Would Have Said So)

Last week, the Supreme Court unanimously reversed a Ninth Circuit decision, resolving a circuit split in ruling that Federal Rule of Civil Procedure 23(f)’s 14-day deadline for a losing party to file a petition for permission...more

Bradley Arant Boult Cummings LLP

Time Stops For No One: The Supreme Court Addresses Timeliness Issues in Two Separate Class Cases

The U.S. Supreme Court suddenly seems to have a little time on its hands. Or at least on its mind. In two different class action cases on its docket this week, the question at hand was timeliness....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Rules 14-Day Time Limit to Appeal Class Decertification Is “Purposefully Unforgiving”

On February 26, 2019, the Supreme Court of the United States ruled that under Rule 23(f) of the Federal Rules of Civil Procedure (FRCP), a petition for permission to appeal an order decertifying a class must be filed within...more

Dechert LLP

SCOTUS Unanimously Holds Deadline for Permission to Appeal Class Certification Ruling Cannot be Equitably Tolled

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To immediately appeal a federal district court’s order granting or denying class certification, a party must first seek permission from the relevant court of appeals “within 14 days after the order is entered.” Fed. R. Civ....more

Dorsey & Whitney LLP

The Supreme Court - February 26, 2019

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Today, the Supreme Court issued one decision: Nutraceutical Corp. v. Lambert, No. 17-1094: In a class action against Nutraceutical Corporation, the district court decertified the class represented by Troy Lambert....more

Dickinson Wright

Jurisdictional vs Nonjurisdictional Appeal Filing Deadlines

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Most of us think of appeal filing deadlines as absolute. That certainly is the case under the Michigan Court Rules. But as demonstrated by a recent decision from the United States Supreme Court, Hamer v Neighborhood Housing...more

A&O Shearman

U.S. Supreme Court Holds That Only Statutory Appellate Filing Deadlines Are Jurisdictional; Non-Statutory Deadlines Can Be Waived

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On November 8, 2017, the Supreme Court of the United States, in a unanimous decision, held that not all deadlines for filing appeals are jurisdictional; instead, if a time limit on filing an appeal appears only in a...more

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