Friday, January 05, 2007

Electronic Filing Boo Boo

A case was electronically filed on the last permissible date under the wrong index number and was bounced. The plaintiff tried to refile it the next day, but by then it was untimely and the case was dismissed. The Seventh Circuit held that the case had been timely filed and reinstated the case. Despite the happy ending, this is a "lawyers beware" case.

Oh, this is a special education case, but the decision is procedural and the substance of the case is not discused.

The decision in Farzana K. v Indiana Department of Education can be found here.