News & Analysis as of

Notice of Appeal

U.S. Supreme Court to Appellant – Time Is On Your Side

We have written previously on this blog about the importance of a timely notice of appeal in the Massachusetts Appeals Court. The issue bears revisiting in the federal courts following the decision by the United States...more

Court Denies Request For Mandamus Relief Regarding Court Order Requiring Spouse of Deceased Trustee To Prepare An Accounting

by Winstead PC on

In In re Ng, after a jury found that a deceased trustee did not breach fiduciary duties, a trial court nonetheless ordered the deceased trustee’s spouse to prepare an accounting of the trust. No. 09-17-00386-CV, 2017 Tex....more

Only Congress Can Limit Jurisdiction

by Strasburger & Price, LLP 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

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

by 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

Whatever Happened to Those New Overtime Regulations? DOL May Be Sending a Signal with Its Notice of Appeal

Remember last year when everyone was getting ready for the big change to the salary threshold for the overtime exemption that was set to go into effect on December 1? And then, seemingly out of nowhere, a judge put a stop to...more

Second Circuit Not Troubled By Error on Notice of Appeal Form, Proceeds To Decide The Appeal

On September 18, 2017, in United States v. Caltabiano, No. 16-1275-cr, the Second Circuit (Walker, Lynch, and Lohier, Js.) clarified the jurisdictional scope of a Notice of Appeal. The Court confirmed its authority to...more

USPTO Director Grants Extension for Missed IPR Appeal to Federal Circuit

by 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

The Supreme Court - April 19, 2017

by Dorsey & Whitney LLP on

Nelson v. Colorado, No. 15-1256: In two separate cases from Colorado State Court, petitioners Shannon Nelson and Louis Alonzo Madden were convicted of sexual assault-related crimes, and were ordered to pay costs, fees, and...more

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

Be Aware of Strict Post-Trial Motion Deadlines

You’ve lost your trial, and want to tee up your case for an appeal. Some issues might need to be preserved through a post-trial motion. That is a subject for a different tip. But if you need or want to file a post-trial...more

Not Dead Yet! DOL to Appeal Overtime Exemption Rules Injunction

by Franczek Radelet P.C. on

Sorry employers, the ride’s not over yet. For those of you keeping track, the U.S. Department of Labor’s new overtime exemption rules were set to go into effect yesterday, December 1, 2016. However, on November 22, 2016, the...more

DOL to Appeal Texas Court’s Injunction of New Overtime Rule

Following a Texas court’s issuance of a nationwide preliminary injunction enjoining the new overtime rule on November 22, the U.S. Department of Labor filed a notice of appeal of the decision yesterday....more

The Road Not Taken Leads to Forfeiture of an Appeal

In a recent decision, the Superior Court of Pennsylvania reiterated that there are “no exceptions” to the deadline for filing a notice of appeal from a trial court’s final judgment. In this recent case, the appellant’s...more

Government Contractors Can Learn From Yogi Berra: Failure to Follow Correct Claim Submission Procedures Results in Jurisdictional...

by McCarter & English, LLP on

The late, great Yogi Berra once said that “Baseball is 90 percent mental. The other half is physical.” Sometimes it seems as if Yogi’s logic is equally applicable to the claims process in the world of Government contracting,...more

Litigating Against the Government? Recent Decision Regarding Claim Certification Dispute Proves That Forrest Gump's Mama Was Right...

by McCarter & English, LLP on

Forrest Gump’s mama was a brilliant woman. As anyone who watched the 1994 Academy Award-winning classic can confirm, Mrs. Gump’s advice to her son provided an indispensable well of wisdom from which Forrest often drew to...more

Is Final Really Final? Alternative Patent Prosecution Routes after a Final Office Action

by Winstead PC on

The prosecution of a patent application before the U.S. Patent and Trademark Office (USPTO) can be a prolonged and costly process. The patent prosecution process can include the issuance of an Office Action by the USPTO and...more

The Minefield of Appellate Jurisdiction: Timely Filing the Notice of Appeal May Not Be as Simple as It Seems

by Wilson Elser on

The notice of appeal is the most fundamental filing in appellate practice because it is the document that transfers jurisdiction from the trial court to the reviewing court. All state and federal reviewing courts require that...more

New USPTO P3 Program Offers Applicant Participation In After Final Conference

by Foley & Lardner LLP on

The USPTO has launched a new after final program available starting July 11, 2016. The Post-Prosecution Pilot Program (P3) combines features of the After Final Consideration Pilot 2.0 (AFCP 2.0) and Pre-Appeal Brief...more

Alabama Issues Remote Sellers Use Tax Assessments, Newegg Inc. Appeals

by McDermott Will & Emery on

Ever since Alabama’s new economic nexus regulation went into effect, litigation over its constitutionality has been expected given that Alabama Commissioner Julie Magee and Governor Bentley said as much when announcing it...more

Amgen v. Hospira: Amgen Appeals Discovery Ruling

by Goodwin on

In the Amgen v. Hospira litigation, Amgen has filed a Notice of Appeal relating to Judge Andrew’s oral ruling denying Amgen’s request to compel Hospira to produce certain manufacturing information related to its Epogen®...more

It Can Happen To Anyone: Mistakes In Appeals

by Brooks Pierce on

The road to an appellate court can be lined with unanticipated obstacles, You can avoid them if you follow the NC Rules of Appellate Procedure and you keep up with changes in the law regarding appeals. Or you might retain a...more

Don't Count On The Sheriff To File Your Notice Of Appeal

by Brooks Pierce on

Filing a Notice of Appeal seems like a pretty easy thing to do. You walk it over (or mail it) to the Clerk of Superior Court in the County in which the case was filed, and the Clerk puts a "filed" stamp on it indicating the...more

North Carolina Court Rules Class Action Settlements Can Award Attorneys’ Fees, but Note of Caution to Local Counsel

by Moore & Van Allen PLLC on

The North Carolina Court of Appeals considered for the first time whether it is legal in a class action settlement agreement for one party to agree to pay the other’s attorneys’ fees and expenses. The court concluded that it...more

First Circuit Decision Strengthens Preemption Defense in Name-Brand Pharmaceutical Litigation

by Faegre Baker Daniels on

On February 20, 2015, the U.S. Court of Appeals for the First Circuit affirmed the dismissal of plaintiffs’ state-law consumer protection claims against a name-brand pharmaceutical manufacturer, concluding they were impliedly...more

Don't Let Yourself Get Ehrenhaused When Appealing From The NC Business Court

by Brooks Pierce on

It's probably not too soon to verbify the Business Court's opinion in Ehrenhaus v. Baker, 2014 NCBC 30, decided a few months ago. If you missed that decision, know that you have to file your Notice of Appeal from a Business...more

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