In 2023, a train derailed in East Palestine, Ohio, sparking a class action lawsuit against the railway company and others involved in the derailment.  In re: East Palestine Train Derailment, — F. 4th –, 2025 WL 3089606, at *1 (6th Cir. November 5, 2025).  The class-action lawsuit concluded with a $600 million settlement, approved by the district court in September 2024.  Id.  However, five class members objected to the approved settlement and sought to appeal.  Id.

As part of the appeal proceedings, the district court required the objectors to post an $850,000-appeal bond, accounting for $825,000 in administrative costs tied to delaying the settlement distribution and $25,000 for taxable costs.  Id.  Days later, the objectors challenged the necessity and size of the bond.  Id.  However, the objectors did not seek a stay of the bond order; nor did they file a notice of appeal of the bond order by the original 30-day deadline.  They ultimately did move for an extension of the deadline for appealing the bond requirement, seeking to invoke the exception for “excusable neglect or good cause.”  See Fed. R. App. P. 4(a)(5)(A).  But that exception must be invoked within 30 days of the original deadline, and the objectors’ motion was filed 31 days after that deadline. 

The question before the court was whether the motion to extend the deadline to appeal the bond order was filed too late and, if so, whether that was fatal to the underlying appeal, given the objectors’ failure to post the bond.  First, the Sixth Circuit ruled that the 30-day deadline is both mandatory and jurisdictional, stating “[b]ecause [the objectors moved to extend time] a day late, we can’t hear their reasons for being $850,000 short.”  2025 WL 3089606, at *1–2. 

After rejecting the objectors’ attempt to preserve a belated appeal of the bond requirement, the Sixth Circuit considered whether the failure to pay the bond was fatal to the underlying appeal.  The appellate court held that it was, because (1) the objectors’ failure to pay the bond prejudiced other parties, including by hindering the distribution of settlement funds for approximately 55,000 claimants, many of whom experienced direct consequences from the derailment, id. at *4; (2) there was no justification for the failure to post the bond, id.; and (3) the objectors did not show a likelihood of success on the merits.  Id.  at *5.  The Sixth Circuit accordingly dismissed the objectors’ appeal of the settlement.  Id. at *5–6.