It’s the stuff of nightmares: you drop your notice of appeal in the mail 24 days after a summary-judgment order is entered against your client, trusting the post office will manage to get it into the clerk’s hands for filing...more
There is no such thing as a sure thing. And in three unpublished opinions, the North Court of Appeals reminded lawyers that a notice of appeal does not guarantee appellate jurisdiction....more
This week, the Court of Appeals added some nuance to an issue that has plagued appellants for many years: the calculation of the appeal period when a judgment is not properly served but an appellant nonetheless has “actual...more
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
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
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
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