FRCP, Erie
In determining when the clock is tolled for filing of an appeal, the critical question is whether the court is involved in ending the last motion filed. A motion filed and withdrawn without court involvement does not toll the limit, but a motion filed and then withdrawn in a telephone colloquy stops the clock.
No error in use of common law standard where federal statute had no standard for punitive damages as opposed to borrowing state law standard, given legislation's intent of standardizing the remedy and the background principles of common law against which Congress legislates.
Worcester v. Springfield Terminal Railway
