Tag Archives: appeal

Appeals Process Begins for Determination of Detroit’s Bankruptcy Eligibility

A Michigan bankruptcy judge ruled yesterday that Detroit is eligible for protection under Chapter 9 of the U.S. Bankruptcy Code, overruling numerous objections filed by labor unions, pension funds and other interested parties.  Almost immediately following the ruling, a notice of appeal was filed by Counsel 25 of the American Federation of State, County & … Continue Reading

Sixth Circuit Hears Appeal by Attorneys Convicted of Defrauding Clients in Fen-Phen Settlement

On Tuesday, January 17, 2012, the Sixth Circuit heard oral argument of an appeal by two Kentucky attorneys who were convicted of defrauding their clients of millions of dollars in settlement funds.  In their briefing, appellants alleged a host evidentiary improprieties and deficiencies as well as constitutional violations. Attorneys William Gallion and Shirley Cunningham represented over 400 … Continue Reading

Sixth Circuit Accepts Interlocutory Appeal Pursuant to 28 U.S.C. § 1292(b)

Interlocutory appeals under 28 U.S.C. § 1292(b) are granted “sparingly and only in exceptional cases.”  See e.g. In re City of Memphis, 293 F.3d 345, 350 (6th Cir. 2002).  But this month the Sixth Circuit accepted just such an appeal. In Community Trust Bancorp., Inc., v. Community Trust Financial Corporation, et al., No. 10-cv-00062.pdf, which … Continue Reading

Sixth Circuit Concludes FRAP 4(b)’s Time Limitations are Not Jurisdictional

The Sixth Circuit recently reexamined its precedent when it held that the time period for a criminal appeal under Federal Rule of Appellate Procedure 4(b) is not jurisdictional. In United States v. Gaytan-Garza.pdf, No. 10-4615 (6th Cir. July 12, 2011), the Court followed the lead of the Supreme Court in holding that only statutes can establish … Continue Reading