Marvel Worldwide, Inc. et al v. Kirby et al - The Appeal May Fail
A notice of appeal was filed on August 15, 2011. Appellant's Forms C and D were due August 29, 2011. The case is deemed in default.
IT IS HEREBY ORDERED that the appeal will be dismissed effective September 13, 2011 if the forms are not filed by that date.
If the forms are not filed, correctly, within a fortnight, then the appeal will be dismissed. It'd be a shame for the Kirby family to come this far only to have the appeal thrown out because somebody forgot to file the paperwork. Surely lawyer Marc Toberoff, who is no stranger to filing appeals (I've lost count of how many appeals he's filed in the Siegel v DC case), knew beforehand that the paperwork was incorrect at the time of filing, but as he's busy filing declarations filled with vitriol towards DC Comics elsewhere, it might have slipped mind.
Let's hope that the error is rectified, and rectified quickly. As it stands if the appeal is thrown out in such a manner then it might well cause damage to the credibility of any future appeal.