Sciaroni v. Target Corp., No. 15-3909 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit remanded this case on February 1, 2017, for further consideration of class certification and reversed the imposition of an appeal bond. In this appeal, the Eighth Circuit granted Appellant Olson's motion to amend pursuant to Federal Rule of Appellate Procedure 28(i) the second sentence in a footnote 3 of the opinion. Rule 28(i) allows parties to raise issues they did not raise in their own brief. Here, Appellant Olson's letter clearly identified the parts of Appellant Sciaroni's brief that he was adopting.
Court Description: Benton, Author, with Shepherd, Circuit Judges and Strand, District Judge] Civil Case - class certification. This court in In re Target Corp. Customer Data Sec. Breach Litig., 847 F.3d 608 (8th Cir. 2017), remanded for further consideration of the class certification and reversed the amount of the appeal bond, while retaining jurisdiction. Appellants moved to amend the opinion, relating to the arguments raised by the various parties. After filing his principal brief, Olson sought by means of a Rule 28(i) letter to adopt the arguments raised in Sciaroni's subsequently-file principal brief. Olson's motion to amend is granted. Invoking Rule 28(i) is permitted, allowing a party to adopt and join in issues raised in other parties' briefs, notwithstanding the word limitation or brief-filing deadlines. Judge Shepherd dissents.
This opinion or order relates to an opinion or order originally issued on February 1, 2017.
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