Should have known better....

A per curiam order disposes of a motion to dismiss the appeal in the case of In re American Safety Indemnity Co., --- F.3d ---, 2007 WL 2492815 (2nd Cir. 9/6/07). The appellee argued that the appeal was filed too late. The appellant argued that its attorney called the district judge's chambers and asked which of two possible orders started the clock running for the planned appeal. The appellant claimed that it relied on what the judge's clerk told its attorney.

Quoth the Court of Appeals, dismissing the appeal as untimely: "Litigants should not seek legal advice from judges or judicial staff, and in any case, attorneys should know better than to rely on such advice." (Emphasis supplied.)

Thanks to Chicago attorney Bob Moss who posted this quote yesterday on the ISBA Listserv.