Are Federal Appellate Courts Growing Impatient with Procedural Errors? — Risks for Clients and Their CounselOn May 18, 2015 by Schnader
On May 7, 2015, the U.S. Court of Appeals for the Third Circuit affirmed a district court’s grant of partial summary judgment in a dispute about an indemnification agreement. That decision, Lehman Bros. Holdings, Inc. v. Gateway Funding Diversified Mortg. Servs., L.P., 2015 U.S. App. Lexis 7536, would not normally command a great deal of attention — but for the way in which the court reached its result. The court held that Gateway, the party that unsuccessfully opposed partial summary judgment, waived its right to maintain its appeal because it failed to order a transcript of the underlying proceeding in the trial court. That decision, and some strong words by the court in its opinion, have raised concern within the Third Circuit Bar that the court may be becoming more rigid in its application of procedural rules.
Please click here to read the full Alert.