Legal News

Appeals Court: Sorry, We Lost Your Case
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

In a recent opinion, an appeals court apologized for not taking action on a case for several years—due to the fact that it lost the file.

Summary: In a recent opinion, an appeals court apologized for not taking action on a case for several years—due to the fact that it lost the file.

According to the Wall Street Journal, an appeals court recently apologized after it misplaced a case—for five years.

  
What
Where


The case is Jones v. Harris Associates. Due to bureaucratic error, the file was lost in a mountain of paperwork. Since so much time had passed, the attorneys involved, though they were confused for some time as to what was going on, eventually stopped asking about it.

The Supreme Court justices have said they want nothing to do with technology.

The case was not a small one—in fact, it even received a hearing before the U.S. Supreme Court. According to Wikipedia, the case was heard by the Supreme Court in 2009. The case involves the ability of investors to sue mutual fund firms over their fees.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




In 2010, the Supreme Court asked judges on the Seventh U.S. Circuit Court of Appeals to look again at the claims made by investors against Harris Associates. The justices told the judges to use a different standard when they determined whether the fees were excessive.

A man illegally practiced law in New York for fifteen years.



The parties filed position papers that year, and then the attorneys waited…and waited…and waited.

James C. Bradley, the plaintiffs’ attorney, said, “After a couple of years, it seemed odd to us. We didn’t know what was causing the delay.”

Do you think files are misplaced fairly frequently in the courts?

View Results

Loading ... Loading ...

Bradley said he would check in once in a while with the court. He said, “I asked if it had fallen through the cracks and was told no, it hadn’t.”

While waiting for a decision, one of the three judges on the panel, Terence Evans, died.

An attorney was disbarred for “inexplicable incompetence.”

However, with no warning, the case reappeared on Thursday with a ruling for the defendants. At the end of the opinion, the judges apologized: “[P]apers were placed in the wrong stack and forgotten,” the opinion said. “The court’s internal system for tracking cases under advisement does not include remands from the Supreme Court, so the normal process of alerts and ticklers failed. We will see to it that this is fixed. That may be small comfort to these litigants and their lawyers, but at least some good will come from the delay.”

You can read the opinion in its entirety on the Wall Street Journal website.

Source: Wall Street Journal

Photo credit: stranger-collective.com



 

RELEVANT JOBS

Senior M&A Attorney

USA-IL-Chicago

Our corporate boutique law firm is seeking a senior level M&A attorney with a book of business that ...

Apply now

Paralegal / Legal Assistant

USA-MN-Rochester

O\'Brien & Wolf, L.L.P., a general practice law firm in Rochester, Minnesota, is seeking a Family La...

Apply now

Medical Malpractice Attorney

USA-CO-Denver

Hall & Evans, LLC, one of Denver\'s most recognized and respected law firms, is continuing its expan...

Apply now

Litigation Associate Attorney

USA-CO-Denver

Hall & Evans, L.L.C., one of Colorado\'s most established law firms, currently has an opportunity fo...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Litigation Associate Attorney

USA-FL-Miramar

Miramar office of our client seeks litigation associate attorney with 2 years of work experience han...

Apply Now

Insurance Defense/General Liability Attorney

USA-FL-Tampa

Tampa office of our client seeks insurance defense/general liability attorney with 5+ years of exper...

Apply Now

Municipal Law Associate Attorney

USA-CO-Centennial

Centennial office of our client seeks associate attorney with 2 years of Special District practice e...

Apply Now

Most Popular

SEARCH IN ARCHIVE

To Top