“The local rules do not supersede the requirements of the federal rules” of appellate procedure, the appeals court held. “Moreover, the district court’s individual rules explicitly warned that this Court would not accept such an argument to excuse an untimely notice of appeal.”
September 12, 2024 at 02:13 PM
3 minute read
Citing a missed deadline, the U.S. Court of Appeals for the Second Circuit on Wednesday upheld the dismissal of a lawsuit accusing AXA Equitable Life Insurance Co. of deceptive marketing.
The three-judge panel said plaintiff Joel Malek filed a motion for reconsideration of the district judge’s dismissal too late, so a 30-day deadline to appeal established under federal procedure rules could not be extended.
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The U.S. Court of Appeals for the Second Circuit in New York, New York. (Photo: Ryland West/ALM)
