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· 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 CourtListener

Sourced 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.