38 Cited authorities

Pioneer Investment Services Company v. Brunswick Associates Limited Partnership
507 U.S. 380 (1993) Cited 7,704 times 14 Legal Analyses
Holding that clients must be held accountable for the acts and omissions of their attorneys
Curtiss-Wright Corp. v. General Electric Co.
446 U.S. 1 (1980) Cited 2,045 times
Holding that it was "proper for the District Judge here to consider such factors as whether the claims under review were separable from the others remaining to be adjudicated and whether the nature of the claims already determined was such that no appellate court would have to decide the same issues more than once even if there were subsequent appeals"
Reese v. BP Exploration (Alaska) Inc.
643 F.3d 681 (9th Cir. 2011) Cited 637 times 3 Legal Analyses
Holding that an interlocutory appeal would materially advance resolution of litigation where reversal by the appellate court would dismiss one defendant and resolve multiple claims against all defendants, even though it would not resolve the entire case
Silivanch v. Celebrity Cruises, Inc.
333 F.3d 355 (2d Cir. 2003) Cited 358 times
Holding that grant or denial of Rule 4 relief “cannot be set aside by a reviewing court unless it has a definite and firm conviction that the court below committed a clear error of judgment in the conclusion that it reached upon a weighing of the relevant factors”
Klinghoffer v. S.N.C. Achille Lauro
921 F.2d 21 (2d Cir. 1990) Cited 412 times 2 Legal Analyses
Holding that "it continues to be true that only 'exceptional circumstances [will] justify a departure from the basic policy of postponing appellate review until after the entry of a final judgment.'"
Canfield v. Van Atta Buick/GMC Truck, Inc.
127 F.3d 248 (2d Cir. 1997) Cited 235 times
Holding not clearly erroneous the district court's decision that a lawyer's failure to file motion papers within the time limit established by a local rule was not excusable neglect under Rule 60(b)
Unicorn Tales, Inc. v. Banerjee
138 F.3d 467 (2d Cir. 1998) Cited 172 times
Holding that a statement of the fact of death triggered the 90-day period despite its failure to identify a legal representative or successor
Anderson v. Yungkau
329 U.S. 482 (1947) Cited 236 times 3 Legal Analyses
Holding that dismissal in this circumstance is "mandatory"
Williams v. KFC National Management. Co.
391 F.3d 411 (2d Cir. 2004) Cited 117 times
Holding that filing of a timely notice of appeal is "mandatory and jurisdictional"
In re Fairfield Sentry Ltd., et al. Litigation
458 B.R. 665 (S.D.N.Y. 2011) Cited 83 times 2 Legal Analyses
Holding that unjust enrichment claim was a state law claim not created by federal bankruptcy law
Rule 6 - Computing and Extending Time; Time for Motion Papers
Fed. R. Civ. P. 6 Cited 48,320 times 24 Legal Analyses
Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
Section 1292 - Interlocutory decisions
28 U.S.C. § 1292 Cited 22,299 times 193 Legal Analyses
Granting appellate jurisdiction over the denial of an injunction
Section 158 - Appeals
28 U.S.C. § 158 Cited 18,111 times 57 Legal Analyses
Granting district courts appellate jurisdiction over "final judgments, orders, and decrees" of bankruptcy courts
Rule 25 - Substitution of Parties
Fed. R. Civ. P. 25 Cited 10,685 times 11 Legal Analyses
Providing for the automatic substitution at the district-court level of public officers sued in their official capacities
Rule 4 - Appeal as of Right-When Taken
Fed. R. App. P. 4 Cited 6,045 times 2 Legal Analyses
Granting an appeal of right for civil cases where notice of appeal is filed within thirty days after entry of judgment
Rule 9006 - Computing and Extending Time; Time for Motion Papers
Fed. R. Bankr. P. 9006 Cited 2,367 times 4 Legal Analyses
Granting the court discretionary authority, "when an act is required or allowed to be done at or within a specified period by these rules," enlarge the time period for performing the act
Rule 7025 - Substitution of Parties
Fed. R. Bankr. P. 7025 Cited 76 times 1 Legal Analyses
Incorporating Fed. R. Civ. P. 25(d)

In Re: Lyondell Chemical Company

38 Cited authorities

Holding that clients must be held accountable for the acts and omissions of their attorneys

Holding that an interlocutory appeal would materially advance resolution of litigation where reversal by the appellate court would dismiss one defendant and resolve multiple claims against all defendants, even though it would not resolve the entire case

Holding that grant or denial of Rule 4 relief “cannot be set aside by a reviewing court unless it has a definite and firm conviction that the court below committed a clear error of judgment in the conclusion that it reached upon a weighing of the relevant factors”

Holding that "it continues to be true that only 'exceptional circumstances [will] justify a departure from the basic policy of postponing appellate review until after the entry of a final judgment.'"

Holding not clearly erroneous the district court's decision that a lawyer's failure to file motion papers within the time limit established by a local rule was not excusable neglect under Rule 60(b)

Holding that a statement of the fact of death triggered the 90-day period despite its failure to identify a legal representative or successor

Holding that dismissal in this circumstance is "mandatory"

Holding that filing of a timely notice of appeal is "mandatory and jurisdictional"

Holding that unjust enrichment claim was a state law claim not created by federal bankruptcy law

Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

Granting appellate jurisdiction over the denial of an injunction

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

Providing for the automatic substitution at the district-court level of public officers sued in their official capacities

Granting an appeal of right for civil cases where notice of appeal is filed within thirty days after entry of judgment

Granting the court discretionary authority, "when an act is required or allowed to be done at or within a specified period by these rules," enlarge the time period for performing the act

Incorporating Fed. R. Civ. P. 25(d)