23 Cited authorities

Bowles v. Russell
551 U.S. 205 (2007) Cited 3,484 times 19 Legal Analyses
Holding that "unique circumstances" doctrine may not excuse untimely filing of appeal in civil case
Stovall v. Denno
388 U.S. 293 (1967) Cited 5,309 times 4 Legal Analyses
Holding that a suggestive show-up was "imperative" where it was not clear how long the person making the identification would live; she was not able to visit the jail; taking the defendant to the hospital room was the only feasible procedure; and a line-up at the police station was not possible
HBE Leasing Corp. v. Frank
48 F.3d 623 (2d Cir. 1995) Cited 353 times
Holding that order that did not resolve all the claims in the action was interlocutory and was not appealable because there was no Rule 54(b) certification
St. Paul Fire Marine Ins. Co. v. Pepsico
884 F.2d 688 (2d Cir. 1989) Cited 286 times 1 Legal Analyses
Holding that third party creditor had no standing to pursue alter ego claim against bankrupt subsidiary's parent company; alter ego claim could be pursued by bankrupt organization under Ohio law and thus alter ego claim belonged to trustee
Ansam Associates, Inc. v. Cola Petroleum, Ltd.
760 F.2d 442 (2d Cir. 1985) Cited 305 times 1 Legal Analyses
Holding that trial court did not abuse discretion in denying leave to amend where plaintiff already had amended once, discovery period had concluded and defendant had filed motion for summary judgment
In re Siemon
421 F.3d 167 (2d Cir. 2005) Cited 140 times 2 Legal Analyses
Holding that the time limit prescribed by Rule 8002 is jurisdictional and that “in the absence of a timely notice of appeal in the district court, the district court is without jurisdiction to consider the appeal”
In re Lindsay
59 F.3d 942 (9th Cir. 1995) Cited 145 times
Holding the same with regard to determinations of state law by both district court and bankruptcy court
U.S v. Machado
465 F.3d 1301 (11th Cir. 2006) Cited 58 times
Holding that the district court acted within its discretion in denying the defendant's Rule 41(g) motion because to do otherwise would have returned the fruits of his crimes
Brunswick Corp. v. Sheridan
582 F.2d 175 (2d Cir. 1978) Cited 87 times
Recognizing that a Rule 54(b) certification requires that "the claim adjudicated must be a claim for relief separable from and independent of remaining claims in the case"
Cooper v. Town of East Hampton
83 F.3d 31 (2d Cir. 1996) Cited 35 times
Stating that separate document rule applies to all judgments including partial judgments certified for interlocutory appeal
Section 1291 - Final decisions of district courts
28 U.S.C. § 1291 Cited 88,771 times 138 Legal Analyses
Granting jurisdiction to the courts of appeals from final decisions of federal district courts "except where a direct review may be had in the Supreme Court"
Rule 54 - Judgment; Costs
Fed. R. Civ. P. 54 Cited 41,202 times 141 Legal Analyses
Holding party seeking fees may additionally seek "nontaxable expenses"
Section 158 - Appeals
28 U.S.C. § 158 Cited 18,116 times 57 Legal Analyses
Granting district courts appellate jurisdiction over "final judgments, orders, and decrees" of bankruptcy courts
Section 2072 - Rules of procedure and evidence; power to prescribe
28 U.S.C. § 2072 Cited 1,804 times 37 Legal Analyses
Granting the Supreme Court, not the parties, authority to "prescribe general rules of practice and procedure" for federal district court cases
Rule 9021 - Entry of Judgment
Fed. R. Bankr. P. 9021 Cited 1,712 times
Applying Rule 58 to bankruptcy proceedings
Section 2111 - Harmless error
28 U.S.C. § 2111 Cited 1,179 times
Directing appellate courts to review cases without regard to errors that do not affect parties' "substantial rights"
Rule 7054 - Judgments; Costs
Fed. R. Bankr. P. 7054 Cited 955 times 2 Legal Analyses
Making Federal Rule of Civil Procedure 54(b) applicable to adversary proceedings

In Re: Enron Creditors Recovery Corporation

23 Cited authorities

Holding that "unique circumstances" doctrine may not excuse untimely filing of appeal in civil case

Holding that a suggestive show-up was "imperative" where it was not clear how long the person making the identification would live; she was not able to visit the jail; taking the defendant to the hospital room was the only feasible procedure; and a line-up at the police station was not possible

Holding that order that did not resolve all the claims in the action was interlocutory and was not appealable because there was no Rule 54(b) certification

Holding that third party creditor had no standing to pursue alter ego claim against bankrupt subsidiary's parent company; alter ego claim could be pursued by bankrupt organization under Ohio law and thus alter ego claim belonged to trustee

Holding that trial court did not abuse discretion in denying leave to amend where plaintiff already had amended once, discovery period had concluded and defendant had filed motion for summary judgment

Holding that the time limit prescribed by Rule 8002 is jurisdictional and that “in the absence of a timely notice of appeal in the district court, the district court is without jurisdiction to consider the appeal”

Holding the same with regard to determinations of state law by both district court and bankruptcy court

Holding that the district court acted within its discretion in denying the defendant's Rule 41(g) motion because to do otherwise would have returned the fruits of his crimes

Recognizing that a Rule 54(b) certification requires that "the claim adjudicated must be a claim for relief separable from and independent of remaining claims in the case"

Stating that separate document rule applies to all judgments including partial judgments certified for interlocutory appeal

Granting jurisdiction to the courts of appeals from final decisions of federal district courts "except where a direct review may be had in the Supreme Court"

Holding party seeking fees may additionally seek "nontaxable expenses"

Granting district courts appellate jurisdiction over "final judgments, orders, and decrees" of bankruptcy courts

Granting the Supreme Court, not the parties, authority to "prescribe general rules of practice and procedure" for federal district court cases

Applying Rule 58 to bankruptcy proceedings

Directing appellate courts to review cases without regard to errors that do not affect parties' "substantial rights"

Making Federal Rule of Civil Procedure 54(b) applicable to adversary proceedings