On August 7, Megan Barbero, J. Daniel Everson, and Zoe Gallagher published “Unpacking The Supreme Court's Views On Judgment Finality” in Law360. The following is an excerpt:
When is a final judgment not final?
In an opinion by Justice Clarence Thomas unanimously reversing the U.S. Court of Appeals for the Second Circuit, the U.S. Supreme Court reaffirmed on June 5 that the bar for reopening a final judgment under the catchall provision in Federal Rule of Civil Procedure 60(b)(6) remains exceptionally high — even when the movant seeks to amend their complaint based on a new legal development.
Federal Rule of Civil Procedure 60(b)(1)-(5) allows a party to seek relief from a final judgment and reopen a case, typically within one year of the judgment. Specific grounds for relief include mistake or excusable neglect, newly discovered evidence, and fraud or misconduct by an opposing party.
Click here to access the article.