Monday, May 08, 2006

Inflexible. The Second Circuit, in a case of first impression in the circuit, held that the requirement that an application to permit an appeal an order certifying a class in a class action be made within 10 days is either jurisdictional or is a claim-processing rule that is inflexible. In that the plaintiff objected to the late filing of the application, the Court denied it.

The decision in Coco v. Incorporated Village of Belle Terre, New York can be found here.

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