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Filing Deadlines Notice of Appeal

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

Fox Rothschild LLP on

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

Dickinson Wright

Jurisdictional vs Nonjurisdictional Appeal Filing Deadlines

Dickinson Wright on

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

Robins Kaplan LLP

SCOTUS: Only Appeal Filing Deadlines Prescribed by Statute are “Jurisdictional”

Robins Kaplan LLP on

On November 8, 2017, the Supreme Court issued an unanimous opinion in Hamer v. Neighborhood Housing Services of Chicago, Case No. 16-658, clarifying that an appeal filing deadline prescribed by statute is “jurisdictional,”...more

Knobbe Martens

USPTO Director Grants Extension for Missed IPR Appeal to Federal Circuit

Knobbe Martens on

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

Brooks Pierce

Despite What You Think, the Business Court Isn't Always Open

Brooks Pierce on

Everybody knows that you have thirty days to file a Notice of Appeal in a civil case. Rule 3(c)(1) of the North Carolina Rules of Appellate Procedure says that: "a party must file and serve a notice of appeal: within thirty...more

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