Legal Opinion
In re Sealed Case
Court of Appeals for the D.C. Circuit
Decided October 23, 2009No. 07-5411PublishedCited by 25 opinions
1Opinion of the Court
Opinion for the Court by Circuit Judge ROGERS.
ROGERS, Circuit Judge:
In Bowles v. Russell, 551 U.S. 205, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007), the Supreme Court held that 28 U.S.C. § 2107,1 as carried into practice by Appellate Rule 4(a)(6),2 is jurisdictional and that courts lack power to create equitable exceptions. The question presented in this appeal is whether Federal Rule of Civil Procedure 60(b) remains available to circumvent the 180-day deadline in the appellate rule for reopening the time to file an appeal. Appellant maintains there are unique circumstances explaining its failure…
2Cases cited21 opinions
- Bowles v. RussellSupreme Court of the United States · 2007
- Ackermann v. United StatesSupreme Court of the United States · 1950
- Osterneck v. Ernst & WhinneySupreme Court of the United States · 1989
- Thompson v. Immigration & Naturalization ServiceSupreme Court of the United States · 1964
- Fox v. American Airlines, Inc.Court of Appeals for the D.C. Circuit · 2004
16 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Mobley v. Central Intelligence AgencyCourt of Appeals for the D.C. Circuit · 2015
- Salazar Ex Rel. Salazar v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 2011
- United States v. Clifford WinklesCourt of Appeals for the Ninth Circuit · 2015
- Washington v. RyanCourt of Appeals for the Ninth Circuit · 2016
- Baker v. United StatesCourt of Appeals for the Third Circuit · 2012
20 more not listed; retrieve them via the Exa API.