Legal Opinion

Laffit Pincay, Jr. Christopher J. McCarron v. Vincent S. Andrews Robert Andrews Vincent Andrews Management Corp.

Court of Appeals for the Ninth Circuit

Decided November 15, 2004No. 02-56577PublishedCited by 315 opinions

1Opinion of the Court

SCHROEDER, Chief Judge.

This appeal represents a lawyer’s nightmare. A sophisticated law firm, with what it thought was a sophisticated system to determine and calendar filing deadlines, missed a critical one: the 30-day time period in which to file a notice of appeal under Federal Rule of Appellate Procedure 4(a)(1)(A). The rule, however, provides for a grace period of 30 days within which a lawyer in such a fix may ask the district court for an extension of time, and the court, in the exercise of its discretion, may grant the extension if it determines that the neglect of the attorney was…

2Cases cited20 opinions

  1. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  2. Walter Bateman v. United States Postal Service William J. Henderson, 1 Postmaster General, and Aaron Johnson Ben Fukumitsu David Burns Jose MallariCourt of Appeals for the Ninth Circuit · 2000
  3. Jesus Briones v. Riviera Hotel & CasinoCourt of Appeals for the Ninth Circuit · 1997
  4. Silivanch v. Celebrity Cruises, Inc.Court of Appeals for the Second Circuit · 2003
  5. Estate of Hanley v. HanleyCalifornia Supreme Court · 1943

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3Cited by315 opinions

  1. Ahanchian v. Xenon Pictures, Inc.Court of Appeals for the Ninth Circuit · 2010
  2. Harvest v. CastroCourt of Appeals for the Ninth Circuit · 2008
  3. In Re: Enron Corp. Midland Cogeneration Venture Limited Partnership v. Enron Corp., the Official Committee of Unsecured Creditors, MovantCourt of Appeals for the Second Circuit · 2005
  4. Employee Painters' Trust v. Ethan Enterprises, Inc.Court of Appeals for the Ninth Circuit · 2007
  5. Zhong Guang Sun v. United States Department of JusticeCourt of Appeals for the Second Circuit · 2005

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