News & Analysis as of

Excusable Neglect

Marshall Dennehey

Lack of Notification of Service of Process by Individual Served at Residence of Defendant is Not Excusable Neglect

Marshall Dennehey on

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

Patterson Belknap Webb & Tyler LLP

Late Appeals and Excusable Neglect: A Curious Case Where a Court Gives an Individual a Break

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

Patterson Belknap Webb & Tyler LLP

Creditors Barred from Asserting $53 Million Claim: A Look at the Excusable Neglect Standard

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

Patterson Belknap Webb & Tyler LLP

Delaware Bankruptcy Court Rejects Late Filings of Asbestos Claims

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

McGlinchey Stafford

Is My Cure Offer under the Consumer Sales Practices Act Timely?

McGlinchey Stafford on

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

Proskauer - California Employment Law

Even a Worldwide Pandemic Is No Excuse For Blowing A Class Certification Deadline!

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

Carlton Fields

Court Denies Motion to Set Aside Confirmation of Arbitration Award, Rejecting Arguments of Excusable Neglect, Manifest Disregard...

Carlton Fields on

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 Shaw LLP

Fifth Circuit Provides New Grounds for Employers to Pursue Late Notices of Contest to OSHA Citations

Seyfarth Shaw LLP on

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

Holland & Knight LLP

Appellate Court Holds That Mandatory Relief is Unavailable Because of Recording Error - Trial Court Ruled on Partial Record After...

Holland & Knight LLP on

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

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

Adler Pollock & Sheehan P.C.

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

Hinshaw & Culbertson LLP

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

Seyfarth Shaw LLP

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

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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

Stoel Rives LLP

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

Stoel Rives LLP on

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

Miller Starr Regalia

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

Miller Starr Regalia on

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

Foley & Lardner LLP

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

Foley & Lardner LLP on

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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