· 1/4/1996
Cheney v. Anchor Glass Container Corp.
Citations
- 71 F.3d 848
- 33 Fed. R. Serv. 3d 379
- 1996 U.S. App. LEXIS 128
- 67 Empl. Prac. Dec. (CCH) 43,830
- 69 Fair Empl. Prac. Cas. (BNA) 1025
- 1996 WL 196
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a breakdown in communication amongst counsel was sufficient for remand
- holding that the nonmovant was not prejudiced by the movant’s six-day delay
- holding that the movant demonstrated excusable neglect where the delay was based on a negligent miseommunication between the lead counsel and an associate, the delay was slight, there was no prejudice to the opposing party, and no negative impact on the judicial proceedings
- finding that a miscommunication between lawyers resulting in a six-day late filing, where there was no indication of bad faith or prejudice, constituted \excusable neglect\
- finding that miscommunication between plaintiff’s attorneys, leading to late filing, was an “omission[ ] caused by carelessness” and thus constituted excusable neglect
- holding the nonmovant was not prejudiced by the movant’s six-day delay where the parties expected to continue litigating
Source: CourtListener parenthetical corpus (CC0).
Judges: Tjoflat, Dyer, Garth
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.