Home -> Law Blog Directory -> Legal News Blogs -> Fastcase Legal News
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Legal News
: Fastcase Legal NewsAttorney E-Filing Mistakes Result in Dismissals
1. Make sure you're filing the right document.
In the first case, the plaintiff filed what it thought was a notice of appeal on December 26, five days before the deadline on December 31. However, the document was instead a request for oral argument that had been mistakenly been filed. The electronic docket showed that the plaintiff had been notified of it's mistake and that the plaintiff had refiled within five working days (in accordance with local rules). The 5th Circuit ruled that the plaintiff's appeal had to be dismissed without any consideration on the merits because the request for oral argument did not constitute a notice of appeal and because the local rule did not operate to extend the applicable deadline.
Read the 5th Circuit Opinion, Kinsley v. Lakeview Regional Medical Center, from June 3, 2009 on Fastcase. (The link will bring you to our homepage, login to go directly to the opinion.)
2. An accidentally deleted email is not an excuse for missing a deadline.
In the second case, the losing party claimed to have not received the email notifying them that the trial court had issued a final order. At an evidentiary hearing, the court determined that the losing party's email system had received the email, and that someone at the law firm must have accidentally deleted the email leaving no record of it. The 8th Circuit determined that this was not a legitimate excuse for filing to file a notice of appeal in a timely fashion.
Read the opinion, American Boat Company, Inc. v. Unknown Sunken Barge, from June 4, 2009 on Fastcase. (The link will bring you to our homepage, login to go directly to the opinion.)
If you're interested, the ABA has a list of electronic filing court rules for select jurisdictions here.
Source: Law.com
Full post as published by Fastcase Legal News on June 11, 2009 (boomark / email).
Power of Attorney and Living Wills for the aged
Options for caring for aging parents
Estate Planning
Documents: durable power of attorney, living will, letter of instruction, and insurance trust
Grandparents Visitation Rights
Every state lets elderly grandparents petition to visit grandchildren
Living Wills and Powers of Attorney
Laws effecting the elderly
Lawyer Jokes
Law Humor
How to Select a Divorce Attorney
Select a counselor carefully
Stockbrokers and Financial Advisers
alleging careless mistakes or intentional fraud.
Miami Beach Drownings Result in $5.75 Million Settlement
Miami Beach Drownings Result in $5.75 Million Settlement
Whole Foods
And Other Firms Sued by California Attorney General,
State Farm
Settles with Mississippi Attorney General
Ticketmaster Entertainment
Settles with New Jersey Attorney General
Inflated Drug Prices
Dey LP pays $198,000 settlement to Montana Attorney General.

Mistakes Men - And Women - Make in Divorce - and Usually Regret, Later
How talking about an inheritance may hurt your prospects of landing a new job
Blackstone Woman Wins $6.4 Million Massachusetts Medical Malpractice Verdict
Fatal Mistakes Social Security Disability Clients Make
Georgia Attorney Sues LexisNexis Over File & Serve Fees








