Extension of Time to File Notice of Appeal Denied Where Party Failed to Show Excusable Neglect: Fed. Cir. | Practical Law

Extension of Time to File Notice of Appeal Denied Where Party Failed to Show Excusable Neglect: Fed. Cir. | Practical Law

In Two-Way Media LLC v. AT&T, Inc., the US Court of Appeals for the Federal Circuit affirmed a district court's denial of relief for the losing defendant, finding that the defendant had not shown excusable neglect in its failure to timely file a notice of appeal despite receiving incomplete descriptions of the final orders in the notices of electronic filing (NEF). The court found that it was not excusable for the defendant to rely only on the NEFs without reading the substance of the underlying order, which denied their post-judgment motions.

Extension of Time to File Notice of Appeal Denied Where Party Failed to Show Excusable Neglect: Fed. Cir.

by Practical Law Litigation
Published on 20 Mar 2015 • USA (National/Federal)
In Two-Way Media LLC v. AT&T, Inc., the US Court of Appeals for the Federal Circuit affirmed a district court's denial of relief for the losing defendant, finding that the defendant had not shown excusable neglect in its failure to timely file a notice of appeal despite receiving incomplete descriptions of the final orders in the notices of electronic filing (NEF). The court found that it was not excusable for the defendant to rely only on the NEFs without reading the substance of the underlying order, which denied their post-judgment motions.