Key Business Cases May Do Supreme Court Disappearing Act Sep 20, 2007
Olson also took a swipe at Riegel's lawyer, telling the Court that "an attorney's failure for more than two and a half years ever to speak with a client or otherwise ascertain that client's wishes (as opposed to simply inferring them from silence) ... cannot conceivably be deemed excusable neglect.". The other case that might get scrubbed from the high court calendar is LaRue v. DeWolff, Boberg iates, also an important business case, asking whether, under the Employee Retirement Income Security... (Law.com)
Tax rule allows hefty fines for unreported items Nov 22, 2006
(c) The board of tax appeals shall have the authority to abate any penalty imposed under the provisions of this section and order the refund of the abated penalty whenever excusable neglect on the part of the person required to make and file the statement listing property for assessment and taxation purposes is shown, or whenever the property for which a statement of assessment was not filed as required by law is repossessed, judicially or otherwise, by a secured creditor and such secured... (Topeka Capital-Journal -- News)
Full Story... Oct 9, 2006
n hindsight, it was a mistake and excusable neglect to agree to defendant Miller's modification because it caused the entire settlement agreement to be invalid and void, Amgwerd wrote. The Miller case ffects the public at large, even outside Sutter County, she wrote. (Appeal Democrat, CA)
Friends in High Court Places Sep 21, 2006
Englert took full responsibility for the error but described it as "classic excusable neglect" that did not prejudice any party in the case. While recognizing that the Court has been strict about enforcing its deadlines, Englert argued that nothing in the relevant statutes precludes parties from seeking an extension after the 90-day deadline has passed. (Law.com)
9th Circuit Rebukes Bankruptcy Court for Dismissing Sex Bias Claims Jun 17, 2006
The women argued their claims should have been accepted as timely under the equitable doctrine of excusable neglect. Kozinski ruled the bankruptcy court had abused its discretion and that Fogel had erred in upholding summary judgment. (Law.com)
