Wednesday, November 8, 2017

Not as jurisdictional as you thought...

The Hamer opinion is here!

Law360 reports High Court OKs Exceptions To Appeals Filing Deadline:
The U.S. Supreme Court on Wednesday ruled that a procedural rule setting a 30-day limit on extensions for filing appeal notices doesn’t deprive circuits of jurisdiction when litigants miss the extended deadline, reviving an age and gender bias appeal that the Seventh Circuit had eschewed because it was filed after that limit.

“Because Rule 4(a)(5)(C) … limits the length of the extension granted here, the time prescription is not jurisdictional,” the high court said. “The Court of Appeals erroneously treated as jurisdictional Rule 4(a)(5)(C)’s 30-day limitation on extensions of time to file a notice of appeal.”