‘Baffling Course of Events:’ Plaintiffs, Attorneys Blamed for Delayed Excusable Neglect Claims

“Plaintiffs argue that relief from judgment is justified when a party’s attorney suffers illness or incapacity. Of course this is true. But that is not the issue here. The issue, rather, is that no one on plaintiffs’ side acted expeditiously to inform the court of Mr. Biss’s incapacity or plaintiffs’ intent to continue to pursue their claims,” wrote U.S. District Judge Thomas M. Durkin.

      

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