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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

On October 6, 2015 by Schnader

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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