State Ex Rel. Sizemore v. United Physicians Insurance Risk Retention Group

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 circumstances surrounding the failure to comply with a filing deadline “must be weighed be weighed both with and against each other”
• noting that “[a]ll of this was within [the doctor’s] control had he made it a matter worthy of his attention”
• noting that because the office administrator was the doctor’s employee, “her oversights regarding the filing of the proof of claim form are attributable to him” (citations omitted)
• noting that the “circumstances must be weighed both with and against each other because, if considered separately, they may not all point in the same direction in a particular case”
• noting that “a party’s failure to meet a deadline may have causes ranging from forces beyond its control to forces within its control” and that “[t]he former will almost always substantiate a claim of excusable neglect”
• “Finding whether neglect is excusable is an equitable determination ‘taking account of all relevant circumstances . . .’ The relevant circumstances envelop the big picture of both causes and effects.”

Source: CourtListener parenthetical corpus (CC0).