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Recent Second Circuit Decision Teaches Trial Lawyers a Difficult Appellate Lesson: Following Trial Rules that Conflict with Rules of Appellate Procedure Can Cause Forfeiture of Appellate Rights

10/06/2015

Lawyers are taught to follow the rules, and that includes local rules of trial courts and individual judges. But a recent Second Circuit decision adds an important caveat to that lesson: beware of local rules that can lead to forfeiture of appellate rights. In Weitzner v. Cynosure, Inc., No. 14-723-cv (Sept. 16, 2015), the court dismissed an appeal as untimely when the appellant’s late filing was caused by compliance with a trial judge’s local rule.

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