Courts often note that they should avoid exalting form over
substance when interpreting laws. Similarly, in construing legal
filings, courts typically eschew reliance on document titles in
favor of examining their actual substance. Such was the path the
Ninth Circuit took in a recent decision that led to the quick
dismissal of an appeal as untimely.
In United States ex rel. Hoggett v. University of
Phoenix, No. 14-17492, the trial court had dismissed a qui
tam action brought against a for-profit university. Rule 4 of
the Federal Rules of Appellate Procedure provides that, in most
circumstances, including those in Hoggett, a party seeking
to challenge a final judgment must file a notice of appeal within
30 days of that judgment. Certain specified events, however, can
delay the running of the 30 days. One such event is the timely
filing of a motion under Rule 59(e) of the Federal Rules of Civil
Procedure to alter or amend a judgment. Under Rule 59(e), such a
motion is
