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Article Excerpt
Lawyers must keep pace with courts in the electronic age or risk jeopardizing their clients' cases, the Sixth Circuit has ruled, refusing to reopen a Texas couple's appeal in a hip implant lawsuit.
The circuit court found that the district court did not abuse its discretion in denying the plaintiffs' motion to reopen their appeal of a discovery ruling. It placed the blame for a missed deadline on their attorney, who failed to register his e-mail address with the court or monitor the electronic docket. (Kuhn v. Sulzer Orthopedics, Inc., 2007 WL 2287742 (6th Cir. Aug. 10, 2007).)
Suzie Kuhn was a claimant in a class action settlement against Sulzer Orthopedics, Inc., for hip implant defects. Because of the extent of her injuries, she was entitled to additional compensation under the settlement's "extraordinary injury fund." However, her attorney did not file her claim for additional relief in time, and...
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