7th Cir. Says Attorney’s ‘Inexcusable Neglect’ Warranted Dismissal of Cook IVC Filter Cases

CHICAGO — A federal appellate panel has refused to reinstate four Cook Medical Inc. IVC filter cases, ruling their attorney’s failure to file their profile forms by the court’s deadline and waiting 13 months to move for reconsideration after the cases were dismissed constituted inexcusable neglect.

In a Feb. 28 opinion, the 7th Circuit U.S. Court of Appeals panel found attorney Nicholas Farnolo’s failure to oppose Cook’s motion to dismiss was solely caused by his negligence, such that the reconsideration request fell within the ambit of Rule 60(b)(1).

Between October 2017 and July 2018, Farnolo, of Napoli Shkolnik LLP …