Missed Email A 'Cautionary Tale' In Failed 5th Circ. Appeal

By Jonathan Capriel (August 10, 2021, 6:29 PM EDT) -- The Fifth Circuit refused to revive a personal injury suit by a Home Depot employee after finding that an email "glitch" leading to his attorney's failure to oppose a motion to dismiss is "a cautionary tale for every attorney" and isn't sufficient to restart proceedings.

The three-judge panel found Monday that Texas resident Kevin Rollins can no longer seek damages from Home Depot on claims he suffered serious and permanent back injuries on the job because his attorney, Aaron F. Allison of the Law Offices of Aaron Allison, failed to file an opposition to the company's motion for summary judgment within...

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