Gloria Theriault v. David E. Smith, 523 F.2d 601 (1st Cir. 1975). · Go Syfert
Gloria Theriault v. David E. Smith, 523 F.2d 601 (1st Cir. 1975). Cases Citing This Book View Copy Cite
58 citation events (8 in the last 25 years) across 24 distinct courts.
Treatment trajectory · 1977 → 2026 · click a year to view as-of
1977 2001 2026
Cited for
At page 602 Modifying consent decrees based on subsequent law8 citing cases“it may well be unreasonable to require defendant, for the indefinite future, to abide by a consent decree based upon an interpretation of law that has been rendered incorrect by a subsequent supreme court decision.”3 citing courts quote it
  • June Med. Servs. LLC v. Caldwell, No. 3:14-cv-00525 (M.D. La. Nov. 14, 2022). 2 cites
    (It may well be unreasonable to require defendant, for the indefinite future, to abide by a consent decree based upon an interpretation of law that has been rendered incorrect by a subsequent Supreme Court decision.)
  • Ramirez-Zayas v. Commonwealth of Puerto Rico, 225 F.R.D. 396 (D.P.R. 2005).published
    (holding that a defendant who sought prospective relief as a result of an important contradictory Supreme Court decision is entitled to relief pursuant to Rule 60(b)(5))
  • United States v. Kayser-Roth Corp., 272 F.3d 89 (1st Cir. 2001).published
    See, e.g., Agostini, 521 U.S. at 238 , 117 S.Ct. 1997 ; King v. Greenblatt, 52 F.3d 1, 4 (1st Cir.1995); Alexis Lichine & Cie. v. Lichine Estate Selections, Ltd., 45 F.3d 582, 586-87 (1st Cir.1995); Theriault v. Smith, 523 F.2d 601, 602 (1…
  • Richards v. Read, No. 01A01-9708-PB-00450 (Tenn. Ct. App. July 27, 1999).published
    P. 60.02(4) include the passage of subsequent legislation, see Protectoseal Co. v. Barancik, 23 F.3d 1184, 1187 (7th Cir. 1994), a change in the decisional law, see Thericault v. Smith, 523 F.2d 601, 602 (1st Cir. 1975), and a change in op…
  • White v. Armstrong, No. 01A01-9712-JV-00735, 1999 WL 33085 (Tenn. Ct. App. Jan. 27, 1999).published
    P. 60.02(4) include the passage of subsequent legislation, see Protectose al Co. v. Ba rancik, 23 F.3d 1184, 1187 (7th Cir. 1994), a change in the decisional law, see Theric ault v. Smith, 523 F.2d 601, 602 (1st Cir. 197 5), and a ch ange…
  • Waste Conversion, Inc. v. Kelley, 19 F.3d 1435 (6th Cir. 1994).unpublished
    See Theriault v. Smith, 523 F.2d 601, 602 (1st Cir.1975); Jordan v. School District, 548 F.2d 117, 122 (3d Cir.1977); Williams v. Butz, 843 F.2d 1335 (11th Cir.), cert. denied, 488 U.S. 956 (1988); United States v. City of Fort Smith, 760…
  • Joseph De Filippis v. United States, 567 F.2d 341 (7th Cir. 1977).published
  • Dora Mae Williams v. Charles M. Atkins, Comm'r, Massachusetts Dep't of Pub. Welfare, 786 F.2d 457 (1st Cir. 1986).published
At page 601 Analyzing district court's discretion in vacating consent decree6 citing casesfinding Rule 60(b)(5) relief appropriate because an intervening Supreme Court decision "represented a fundamental change in the legal predicates of the consent decree1 citing court put it this way
  • June Med. Servs. LLC v. Caldwell, No. 3:14-cv-00525 (M.D. La. Nov. 14, 2022). 2 cites
    Co. of Am., 413 F.3d at 907-08 (8th Cir. 2005) (affirming dissolution of earlier injunction in light of subsequent Supreme Court decision); Theriault v. Smith, 523 F.2d at 602 (“It may well be unreasonable to require defendant, for the ind…
  • Strouse v. Olson, 397 N.W.2d 651 (S.D. 1986).published
    Dist. of City of Erie, Pa., 548 F.2d 117 , 122 (3rd Cir.1977); Theriault v. Smith, 523 F.2d 601, 601 (1st Cir.1975); Class v. Norton, 507 F.2d 1058, 1062 (2nd Cir.1974); Yuclan Enterprises, Inc. v. Nakagawa, 583 F.Supp. 1574, 1576-77 (D.Ha…
  • Loney v. Scurr, 474 F. Supp. 1186 (S.D. Iowa 1979).published
    Under these circumstances, defendants’ motion most appropriately (though not exclusively) sounds under Rule 60(b)(5) as seeking relief because “it is no longer equitable that the judgment should have prospective application.” See System Fe…
  • Jordan v. The Sch. Dist. Of The City Of Erie, 548 F.2d 117 (3d Cir. 1977).published
    The First Circuit found that the district court did not abuse its discretion in vacating the decree because a subsequent Supreme Court decision "represented a fundamental change in the legal predicates of the consent decree." Id. at 601 (f…
  • Jordan v. Sch. Dist., 548 F.2d 117 (3d Cir. 1977).published
    The First Circuit found that the district court did not abuse its discretion in vacating the decree because a subsequent Supreme Court decision “represented a fundamental change in the legal predicates of the consent decree.” Id. at 601 (f…
  • Lazare Kaplan Int'l, Inc. v. Photoscribe Tech., Inc., 714 F.3d 1289 (Fed. Cir. 2013).published
    (finding Rule 60(b)(5) relief appropriate because an intervening Supreme Court decision "represented a fundamental change in the legal predicates of the consent decree)
vacation of consent decree to conform with subsequent decision of Supreme Courtno pin page on record · 2 citing cases listed
Other citing cases5 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Gloria THERIAULT Et Al., Plaintiffs-Appellants,
v.
David E. SMITH, Defendant-Appellee
75-1221.
Court of Appeals for the First Circuit.
Sep 30, 1975.
Published opinion
523 F.2d 601
1975 U.S. App. LEXIS 12535
Susan Calkins, Robert Edmond Mittel and Sidney St. F. Thaxter, Portland, Me., on brief for plaintiffs-appellants., Joseph M. Kozak, Asst. Atty. Gen., Augusta, Me., on brief for defendant-appellee.
Coffin, McEntee, Campbell.
Cited by 42 opinions  |  Published
McENTEE, Circuit Judge.

This is an interlocutory appeal, certified on May 23, 1975, by the district court under 28 U.S.C. § 1292(b) (1970). At issue is the district court’s order of May 6, 1975, vacating a consent decree to which defendant had agreed on July 29, 1974. [1]

In an opinion dated July 30, 1975, we denied plaintiff’s motion for a stay pending appeal. Theriault v. Smith, 519 F.2d 809 (1st Cir. 1975). To decide the stay motion, we analyzed the merits in some detail so as to be able to evaluate plaintiffs’ likelihood of prevailing. Careful consideration of plaintiffs’ arguments on appeal has not led us to any different view of the merits than we then expressed.

We believe that the district court acted properly, in accordance with Fed.R. Civ.P. 60(b)(5), in vacating the consent decree in this ease. The Supreme Court’s decision in Burns v. Alcala, 420 U.S. 575, 95 S.Ct. 1180, 43 L.Ed.2d 469 (1975), construing 42 U.S.C. § 606(a), represented a fundamental change in the legal predicates [2] of the consent decree. This is arguably the kind of situation in which relief should be available under Rule 60(b)(5). [3] Defendant sought pro[*602] spective relief only, and he did so only as a result of an important decision of the Supreme Court. It may well be unreasonable to require defendant, for the indefinite future, to abide by a consent decree based upon an interpretation of law that has been rendered incorrect by a subsequent Supreme Court decision. As Mr. Justice Cardozo stated in the leading case of United States v. Swift & Co.: “A continuing decree of injunction directed to events to come is subject always to adaptation as events may shape the need.” 286 U.S. 106, 114, 52 S.Ct. 460, 462 (1932). See also System Federation No. 91 v. Wright, 364 U.S. 642, 646-48, 81 S.Ct. 368, 5 L.Ed.2d 349 (1961); 11 C. Wright & A. Miller, Federal Practice & Procedure, § 2863 (1973).

Any hesitation we might have in applying Swift to the case at bar is removed by the wording of the consent decree itself. That decree contained the undertaking that “Defendant beginning August 1, 1974 will, pursuant to 42 U.S.C. § 602(a)(10) and 42 U.S.C. § 606(a), grant AFDC benefits . to otherwise eligible women on behalf of their unborn children.” As the Court made clear in Alcala, the referenced provisions do not authorize such benefits. Defendant is therefore precluded from granting such benefits under their authority.

We find that, in vacating the consent decree, the district court exercised sound discretion, comporting with established principles of equity and the Federal Rules of Civil Procedure. Accordingly, its decision is affirmed.

1

. For a summary of the factual and legal issues involved in this case, see Theriault v. Smith, 519 F.2d 809 (1st Cir. 1975).

2

. The first item in the consent decree indicates that defendant agreed to grant the disputed AFDC benefits on the basis of his understanding of 42 U.S.C. § 606(a):

1. Defendant beginning August 1, 1974 will, pursuant to 42 U.S.C. § 602(a)(10) and 42 U.S.C. § 606(a), grant AFDC benefits or additional AFDC benefits to otherwise eligible pregnant women (whose pregnancies have been medically determined) on behalf of their unborn children.

At the time of the consent decree, our decision in Carver v. Hooker, 501 F.2d 1244 (1974) was controlling as to AFDC benefits for otherwise qualified mothers of unborn children. That decision was subsequently vácated by the Supreme Court, 420 U.S. 1000 (1975), and directly contradicted by Burns v. Alcala, supra.

3

. Rule 60(b) reads, in pertinent part:

On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment,[*602] order, or proceeding for the following reasons: ... (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable' that the judgment should have prospective application; . .

As we held in Lubben v. Selective Service Board No. 27, 453 F.2d 645 (1st Cir. 1972), the final clause of Rule 60(b)(5) should be read in light of the decision in United States v. Swift & Co., 286 U.S. 106, 52 S.Ct. 460, 76 L.Ed. 999 (1932). The criteria to guide the court’s discretion in determining whether to grant prospective relief from a consent decree or injunction are contained in this crucial sentence from Mr. Justice Cardozo’s opinion in Swift: “Nothing less than a clear showing of grievous wrong evoked by new and unforeseen conditions should lead us to change what was decreed after years of litigation with the consent of all concerned.” Id. at 119, 52 S.Ct. at 464.