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King Poor quoted in article “Cobra Sexual Energy Class Action Tossed by Supreme Court”

Bloomberg Law

Below is an excerpt:

"The case now returns to the appeals court to determine if there are other reasons for considering the motion timely.

The decision is the latest in the court’s 15-year attempt to sort out when judges can waive certain deadlines, and when they can’t, said E. King Poor, who argued one of the court’s earliest decisions in this quest.

Before the ruling, the court had identified two buckets of deadline rules: “jurisdictional” ones that can’t be waived for any reason and “claims processing” rules that looked as if they could be set aside when fairness required.

In its latest decision, however, the court found the appellate deadline in Federal Rule of Civil Procedure 23(f) wasn’t “jurisdictional,” but nevertheless couldn’t be set aside.

Attorneys can no longer assume that such claims processing rules will be set aside for good reason, Poor said."

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