38 Cited authorities

  1. Pioneer Investment Services Company v. Brunswick Associates Limited Partnership

    507 U.S. 380 (1993)   Cited 6,377 times   13 Legal Analyses
    Holding that clients must be held accountable for the acts and omissions of their attorneys
  2. Curtiss-Wright Corp. v. General Electric Co.

    446 U.S. 1 (1980)   Cited 1,732 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"
  3. Reese v. BP Exploration (Alaska) Inc.

    643 F.3d 681 (9th Cir. 2011)   Cited 422 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
  4. Silivanch v. Celebrity Cruises, Inc.

    333 F.3d 355 (2d Cir. 2003)   Cited 298 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”
  5. Klinghoffer v. S.N.C. Achille Lauro

    921 F.2d 21 (2d Cir. 1990)   Cited 360 times   1 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.'"
  6. Canfield v. Van Atta Buick/GMC Truck, Inc.

    127 F.3d 248 (2d Cir. 1997)   Cited 209 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)
  7. Anderson v. Yungkau

    329 U.S. 482 (1947)   Cited 212 times   3 Legal Analyses
    Holding that dismissal in this circumstance is "mandatory"
  8. Williams v. KFC National Management. Co.

    391 F.3d 411 (2d Cir. 2004)   Cited 98 times
    Holding that filing of a timely notice of appeal is "mandatory and jurisdictional"
  9. Unicorn Tales, Inc. v. Banerjee

    138 F.3d 467 (2d Cir. 1998)   Cited 119 times
    Holding surviving spouse's statement of fact of death was sufficient to trigger 90-day period, despite fact she was neither a party or a formal or appointed representative of the estate of the decedent
  10. In re Fairfield Sentry Ltd., et al. Litigation

    458 B.R. 665 (S.D.N.Y. 2011)   Cited 62 times
    Holding that unjust enrichment claim was a state law claim not created by federal bankruptcy law
  11. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 34,127 times   28 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."
  12. Rule 4 - Appeal as of Right-When Taken

    Fed. R. App. P. 4   Cited 23,480 times   71 Legal Analyses
    Holding that a defendant must file his or her notice of appeal in a criminal case within fourteen days after the judgment's entry
  13. Section 1292 - Interlocutory decisions

    28 U.S.C. § 1292   Cited 20,094 times   166 Legal Analyses
    Granting appellate jurisdiction over the denial of an injunction
  14. Section 158 - Appeals

    28 U.S.C. § 158   Cited 16,309 times   51 Legal Analyses
    Granting courts of appeals jurisdiction over appeals of final decisions of district courts or bankruptcy appellate panels in bankruptcy cases
  15. Rule 25 - Substitution of Parties

    Fed. R. Civ. P. 25   Cited 7,613 times   9 Legal Analyses
    Referring to the death of "a party" whose "claim is not extinguished"
  16. Rule 9006 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Bankr. P. 9006   Cited 2,141 times   2 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
  17. Rule 7025 - Substitution of Parties

    Fed. R. Bankr. P. 7025   Cited 68 times
    Incorporating Fed. R. Civ. P. 25(d)