On September 11, 2024, Skadden prevailed on behalf of AXA Equitable Life Insurance Company (Equitable) in persuading the U.S. Court of Appeals for the Second Circuit to dismiss an appeal for lack of appellate jurisdiction because the plaintiff-appellant failed to timely file his notice of appeal. In reaching that conclusion, the court made several important holdings regarding appellate procedure in the Second Circuit.
In March 2023, Skadden won dismissal of a putative nationwide policyholder class action for Equitable in the U.S. District Court for the Eastern District of New York. The policyholder’s counsel served a motion for reconsideration, but pursuant to the judge’s preference for “bundling” of motion papers, did not file it until several weeks later when briefing was complete on the motion. The Second Circuit held that under the federal rules, a motion for reconsideration must be timely filed — not just served — in order to toll the time to appeal the judgment for which reconsideration is sought. Jay Kasner, Kurt Hemr and Alisha Nanda led the Skadden team.