Here's an interesting little case

[Randall-12]

http://caselaw.lp.findlaw.com/data2/circs/6th/063576p.pdf

Kuhn's attorney Harris was hired to handle a professional malpractice  
claim against Jacks, Kuhn's former lawyer, where Kuhn had accepted a  
class action settlement instead of  pursuing her own claim in Texas  
state court.  The class action defendant Sulzer was not a party to  
the Texas suit against Jacks.  Sulzer made a motion in the Ohio  
federal court where the class had been consolidated, for relief from  
discovery in the Texas action.  Harris was admitted pro hoc vice to  
argue the point. The judge issued an oral ruling against Kuhn and  
said he'd issue a final, appealable Order soon.

He didn't, for a few weeks, so Harris asked him to go ahead.

When the Order was finally issued, paper copies apparently were not  
sent, and Harris had not registered his email with the Ohio D.C, so  
he did not receive notice of the Order until his paralegal was  
browsing the online Docket and noticed it, after the time for appeal  
had passed.

Upon noticing the Order, Harris filed a Federal Rule of Appellate  
Procedure 4(a)(6) Motion to reopen the time to file an appeal, saying  
he did not receive Notice of the Order until after the time for  
appeal had passed.

Essentially, the 6th Circuit held that Harris (in Texas) had a duty  
to register his email address with the (Ohio) Court, and to monitor  
its online Docket in order to find out when or if the Order had been  
entered.

My Original Writing blog: http://itgotworse.livedigital.com


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[David Bolduc]

On Aug 18, 2007, at 10:37 PM, Randall wrote:

> http://caselaw.lp.findlaw.com/data2/circs/6th/063576p.pdf
>
> Kuhn's attorney Harris was hired to handle a professional  
> malpractice claim against Jacks, Kuhn's former lawyer,

<snip>

Department Of Coincidences: I clerked for Tommy Jacks in law school.  
A helluva lawyer (he and Lloyd Doggett and Mack Kidd were in the  
process of winning a then-rare million-dollar-plus case against  
Volkswagen for defective seats) and a helluva nice guy.  Lloyd was in  
the State Senate and is now in Congress, Mack became an appellate  
judge and is now dead, and Tommy's still trying big cases.


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