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On appeal, he argued that failure to grant the motion was an abuse of discretion, and that a factual dispute bars summary judgment. Allison learned of the disposition when he contacted the Home Depot attorney again June 3 to discuss a settlement.Īllison sought relief from the judgment under Rule 59(e) of the Federal Rules of Federal Procedure. The district court tossed the case after Allison failed to respond to the summary judgment motion in 14 days, the deadline to file and serve responses to any motions. The lawyer, Aaron Allison of Austin, Texas, agreed to receive filings through the court’s e-filing system.Īllison did not learn of the pending motion when he contacted the Home Depot attorney to discuss settlement a few days later. The case was filed in state court and then removed to federal court. The lawyer represented Kevin Rollins, who was suing his employer, the Home Depot, for injuries that he received while moving a bathtub.
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The lawyer didn’t see any notice of the May 7, 2020, summary judgment motion because his email system sent it to a folder labeled “other.” All prior case filings had gone to his firm’s main email box. Law360 and Bloomberg Law have coverage of the Aug. Circuit Court of Appeals at New Orleans called the case “a cautionary tale for every attorney who litigates in the era of e-filing.” A federal appeals court has refused to reinstate a lawsuit tossed after the plaintiff’s lawyer didn’t see a filtered email notice and didn’t respond to a motion for summary judgment.