United States Eighth Circuit

Federal Rules of Civil Procedure 6(b)(2) and 50(b) are non-jurisdictional claims processing rules that provide an affirmative defense to untimely filings if raised, but which can be forfeited if not timely raised.

Appellate Information

• Decided 05/02/2008
• Published 05/02/2008

Judges

• SMITH, Circuit Judge., Before WOLLMAN and SMITH, Circuit Judges, and GRITZNER, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Michael J. Eng, New York, NY, argued, Byron Freeland, Little Rock, AR, Walter Dellinger, Peter J. Rubin, Washington, DC, on the brief, for Appellant.


• For Appellees:
  
• Brooks A. Gill, General Counsel, Dumas, AR, argued, for Appellee.