Cicero

As Brian Tannebaum wrote earlier today, many lawyers (and their cases) live and die by the ticking of the clock. Any attorney — or anyone who’s ever talked with an attorney — has heard about late nights struggling to file a brief by deadline.

So what happens when a litigant files a motion for appeal at 3 a.m. instead of the 12 a.m. deadline, and the judge allows the late filing anyway, then dismisses it on the merits… leading to yet another appeal?

In our Benchslap of the Day, Judge Frank Easterbrook writes, “it does not take a reference to Cinderella to show that midnight marks the end of one day and the start of another.” But maybe the plaintiff in the case does need to remember that he turns into a pumpkin at midnight, not 3 a.m….

double red triangle arrows Continue reading “Benchslap of the Day: You Were Late for a Very Important Date, Deal with It”