· 2/14/1994
Israel Weinstock Jb Trading International, Ltd. And 4200 Avenue K Realty Corp. v. Cleary, Gottlieb, Steen & Hamilton
Citations
- 16 F.3d 501
- 28 Fed. R. Serv. 3d 145
- 1994 U.S. App. LEXIS 2597
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the failure to follow the plain language of a rule regarding time for filing did not constitute excusable neglect
- explaining that the excusable neglect standard is not met by showing a lack of familiarity with federal pro- cedure or the operation of federal rules
- affirming denial of Rule 4(a)(5) relief even though untimeliness resulted from “trap” in federal rules that subsequently was eliminated
- finding reason for delay to be “most prominent” and dispositive factor in declining to find “excusable neglect” under the Federal Rules of Appellate Procedure
- affirming denial of motion to file late appeal for excusable neglect because of unacceptable reason for delay, even though other Pioneer factors worked in favor of movant
- affirming denial of Rule 4(a)(5) extension where delay was due to á misunderstanding of the rules, even though the rule in question was “a ‘trap’ for the unsuspecting litigant” and had been amended for that reason prior to our decision
Source: CourtListener parenthetical corpus (CC0).
Judges: Newman, Winter, McCurn
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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