News & Analysis as of

Federal Rules of Appellate Procedure 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

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: In Rem and Out of Time

This week, the Ninth Circuit creates a potential circuit split on personal jurisdiction in in rem proceedings, and clarifies whether a post-judgment motion for attorneys’ fees extends the time to appeal (spoiler alert: it...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Appeals Dropping Like Flies

This week, the Ninth Circuit closely guarded its own jurisdiction while putting government litigants on the back foot. Read on to find out why county jailors’ qualified immunity appeal was dismissed, and how the Court handled...more

Jaburg Wilk

Top Ten Things to Know About Appeals

Jaburg Wilk on

1. IT’S ALL ABOUT THE RECORD. The first question I’m typically asked by a prospective appellate client is “How can we tell the appellate court about all the emails from my ex-husband (credit card receipts, nasty texts) my...more

Ward and Smith, P.A.

On Notice: How to Avoid Improper Notices of Appeal

Ward and Smith, P.A. on

Rule 3 of the North Carolina Rules of Appellate Procedure seems pretty clear. A Notice of Appeal must "designate the judgment or order from which appeal is taken." But what might seem clear on its face isn't always so...more

Fox Rothschild LLP

Notices Of Appeal: Wouldn’t It Be Nice?

Fox Rothschild LLP on

I. You Can’t Have One Without the Other: Notice of Appeal Must Designate Both Final Judgment and Intermediate Order- Approximately three years ago, I blogged on Majerske v. Majerske, an unpublished Court of Appeals...more

McDermott Will & Emery

Fiesta’s Over for Trademark Claims Without Proof of Secondary Meaning

The US Court of Appeals for the First Circuit found that it had jurisdiction despite an arguably improper notice of appeal, and that the trademark owner waived its right to submit new evidence and failed to prove that the...more

Jackson Walker

Fifth Circuit Reminds Practitioners of the Importance of Compliance With Appellate Notice Strictures When Appealing a Rule 54(B)...

Jackson Walker on

Partial Final Judgments Under Rule 54(b). Rule 54 of the Federal Rules of Procedure authorizes a Court to enter judgment. It was amended early on specifically to address circumstances under which a “final judgment” could be...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

Clark Hill PLC

Only Congress Can Limit Jurisdiction

Clark Hill PLC on

Is a rule of appellate procedure limiting the length of an extension for filing a notice of appeal jurisdictional? That was the question decided by the Supreme Court in Hamer v. Neighborhood Housing Services of Chicago, in...more

Fisher Phillips

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

Fisher Phillips on

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

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

13 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide