News & Analysis as of

Time Extensions Appeals

Holland & Knight LLP

Opposing Endless Extensions of the 60-Day Seal Period in False Claims Act Cases

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Is there a limit on the number of times the federal government can request extensions of the 60-day period under seal to decide whether to intervene in a qui tam relator's False Claims Act (FCA) case? The appellants in U.S....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

Bradley Arant Boult Cummings LLP

Can a Contracting Officer Foreclose a Contractor’s Appeal by Withdrawing its Final Decision?

A contracting officer’s unfavorable final decision is not the end of the road for a federal contractor’s claim for additional time and/or money on a federal project. Rather, a final decision is a mandatory prerequisite to...more

BCLP

COVID-19: 6th Circuit Lifts Stay Of OSHA ETS; OSHA Sets New Deadline For Compliance

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Development: On Friday, December 17, 2021, a three-judge panel of the 6th Circuit Court of Appeals lifted the stay that had been placed on the OSHA “Emergency Temporary Standard” (ETS) for larger private employers regarding...more

Laner Muchin, Ltd.

DOL Announces that Large Employers Must Comply with OSHA Vaccine ETS by January 10, 2022

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Late on Friday, December 17, 2021, a three-judge panel of the Sixth Circuit Court of Appeals ruled 2-1 to lift the stay imposed by the Fifth Circuit Court of Appeals on November 6, 2021 on the OSHA COVID-19 Vaccination and...more

Miller Canfield

Sixth Circuit Lifts Stay on OSHA's ETS Requiring COVID-19 Vaccination or Testing; OSHA Issues New Compliance Deadlines

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On December 17, 2021, a divided Sixth Circuit Court panel issued an opinion dissolving the Fifth Circuit's stay of the Emergency Temporary Standard (ETS) on COVID-19 Vaccination and Testing issued by the Occupational Safety...more

Buckingham, Doolittle & Burroughs, LLC

OSHA ETS in effect; Fifth Circuit stay dissolved

On December 17, 2021, the Sixth Circuit Court of Appeals dissolved the stay that blocked OSHA from enforcing its vaccine or testing mandate. The OSHA ETS is once again in effect unless the United States Supreme Court agrees...more

Woods Rogers

Court Extends Order Blocking Vaccine and Testing Requirement for Private Employers

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On Friday, November 12, a federal appeals court extended its November 6 order temporarily staying (or suspending) the enforcement of OSHA’s new rules that require that employers with 100 or more employees ensure that their...more

Nutter McClennen & Fish LLP

Nutter Bank Report: May 2021

Court Rules that Debt Collector Violated FDCPA with Communication to Dunning Vendor - A federal appellate court has recently ruled that a debt collector violated certain privacy requirements under the federal Fair Debt...more

Miles Mediation & Arbitration

Georgia Changes Lien Law

On August 5, 2020, Georgia Governor Brian Kemp signed a new law, Senate Bill 315, changing Georgia’s lien law statute, O.C.G.A. 44-14-366. The new statute, effective January 1, 2021, makes clear that lien waivers only waive...more

Dechert LLP

A Tale of Two Districts: Patent Trials in the Eastern and Western Districts of Texas During the COVID-19 Pandemic

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Both the Eastern and Western Districts of Texas are well-known for promptly calendaring patent trials. But parties’ odds of actually proceeding to trial during the COVID-19 pandemic may vary between the Districts, as shown by...more

Smart & Biggar

COVID-19 Update: CIPO, Federal Courts, Health Canada

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This article was last updated on June 26, 2020. In view of COVID-19, we have compiled a list of important updates as it relates to the pandemic and its impact on Life Sciences. We will continue to update this page as new...more

Latham & Watkins LLP

English Court of Appeal Upholds an Extension of Time to Commence Arbitration

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The Court allows an application to extend time for bringing arbitration proceedings under section 12(3) of the Arbitration Act 1996. In the recent case of Haven Insurance Company Limited v EUI Limited (T/A Elephant...more

Lewitt Hackman

Franchisee 101: No Gain from Gratuitous Promises

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A federal Appeals Court has held that an offer to extend a franchisee’s buyback period lacked consideration required to form an enforceable contract and, instead, was an unenforceable gratuitous promise by the franchisor....more

Perkins Coie

Seven-Year Extension of Diablo Canyon Lease Held Exempt from CEQA

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A court of appeal has rejected CEQA and public trust challenges to a State Lands Commission lease extension allowing the Diablo Canyon nuclear power plant to continue operating through 2025. World Business Academy v....more

Akin Gump Strauss Hauer & Feld LLP

Concurrent Delay – Is the English Court of Appeal's Clarification Conclusive?

• The Court of Appeal has held that a clause denying an extension of time to a Contractor if there is concurrent delay is enforceable and is not contrary to the so-called “prevention principle.” • The Court of Appeal...more

Holland & Knight LLP

Supreme Court Makes Jurisdictional Determination on Clean Water Act Rule - EPA and Army Corps of Engineers Act to Delay Rule...

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• U.S. Supreme Court ruled unanimously – on narrow procedural grounds – that the courts of appeals do not have original jurisdiction to hear challenges to the Clean Water Act (CWA), the Obama Administration's 2015 rule...more

Jaburg Wilk

Obtaining Additional Time for a Family Law Hearing: What You Need to Know

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The Facts - In Reyes v. Neill 1, Division One of the Arizona Court of Appeals addressed the question of whether the Court abused its discretion by failing to permit adequate time for the parties to present testimony and...more

Fisher Phillips

Unanimous Supreme Court Scolds Lower Court Over Appellate Deadline Rule - Translation: Sick SCOTUS Burn Over Hyper - Technical...

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In a unanimous decision, the U.S. Supreme Court ruled today that a federal procedural rule that allows a district court to extend an appeal deadline by no more than 30 days is a non-jurisdictional, mandatory claims processing...more

Troutman Pepper

Michigan Court Of Appeals Holds That Contractor Who Failed To Timely Seek A Time Extension Is Barred From Contesting Liquidated...

Troutman Pepper on

Abhe & Svboda, Inc. v. State of Michigan Department of Transportation, 2017 Mich. App. Lexis 1387 (August 29, 2017) - Contractor Abhe & Svboda, Inc. (“A&B”) entered into a contract with the Michigan Department of...more

Proskauer - Minding Your Business

When is An Extension Not an Extension? When It Raises Jurisdictional Problems

When a district court issues an order extending a filing deadline, it is usually safe to assume that your client will not be prejudiced as long as you file within the period ordered by the court...more

Seyfarth Shaw LLP

Time and Time Again

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On Wednesday, the Fifth Circuit Court of Appeals granted the Justice Department’s additional unopposed request for a 60-day extension to figure out its position on the new FLSA overtime exemption rules....more

Jackson Lewis P.C.

Fifth Circuit Grants Request to Delay Appeal on Federal Overtime Rule

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The appeal regarding the validity of the federal overtime rule will not be fully briefed until May 1, 2017, according to an order issued by the Fifth Circuit on February 22, 2017, granting an unopposed request by the...more

Proskauer - Law and the Workplace

Trump DOL Presses Pause Button on Appeal of Overtime Rule Injunction

Remember the new federal overtime rule that was going to double the minimum salary for the “white collar” exemptions? In November, a Texas district court issued a nationwide injunction preventing the rule from taking effect....more

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

Tips for Taking Advantage of California’s Extended Unemployment Appeal Deadline

Busy human resources (HR) managers will be relieved to know that California has done something to make their job just a little easier. The State of California recently enacted legislation extending the time period to appeal...more

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