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Thursday, January 18, 2007

Oops. A major New York law firm (to remain nameless) filed a notice of cross-appeal one day beyond the applicable time limit set by Rule 4(a)(3) of the Federal Rules of Appellate Procedure. The firm also appealed (timely) from an order denying its mothon to extend the time within which to file a notice of cross-appeal on the ground of excusable neglect.

The Second Circuit held that whether or not the time limit for a cross-appeal is jurisdictional or not, the Court was required to enforce the time limit when it is properly invoked by an adverse party. It also held that the District Court had properly acted within its discretion in denying the motion for an extension of time.

The decision in The Asbestos Personal Injury Plaintiffs v. Travelers Indemnity Co. (In re Johns Manville Corp.) can be found here. Thanks to Decision of the Day for alerting me to the case (Rob Loblaw is fast!)

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