Elizabeth Albright Latshaw v. Trainer Wortham & Co., Inc., a Corp. Robert J. Vile, a Nat. Person, 452 F.3d 1097 (9th Cir. 2006). · Go Syfert
Elizabeth Albright Latshaw v. Trainer Wortham & Co., Inc., a Corp. Robert J. Vile, a Nat. Person, 452 F.3d 1097 (9th Cir. 2006). Cases Citing This Book View Copy Cite
460 citation events (460 in the last 25 years) across 37 distinct courts.
Strongest positive: In re: East Palestine Train Derailment (ohnd, 2026-05-01)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) In re: East Palestine Train Derailment (2×) also: Cited as authority (rule)
N.D. Ohio · 2026 · signal: see also · quote attribution · 1 verbatim quote · confidence high
generally speaking, rule 60(b) is not intended to remedy the effects of a deliberate and independent litigation decision that a party later comes to regret through second thoughts or 27 (4:23cv0242) subsequently-gained knowledge that corrects prior erroneous legal advice of couns…
examined Cited as authority (verbatim quote) Valdez v. United Airlines Holdings, Inc.
9th Cir. · 2025 · quote attribution · 1 verbatim quote · confidence high
rule 60(b)(1) is not intended to remedy the effects of a litigation decision that a party later comes to regret through subsequently-gained knowledge that corrects the erroneous legal advice of counsel.
discussed Cited as authority (verbatim quote) Eisele v. Home Depot U.S.A. Inc. (2×) also: Cited as authority (rule)
D. Or. · 2025 · quote attribution · 1 verbatim quote · confidence high
rule 60(b)(1) is not intended to remedy the effects of a litigation decision that a party later comes to regret.
discussed Cited as authority (verbatim quote) Walker v. Krol
N.D. Cal. · 2024 · quote attribution · 1 verbatim quote · confidence high
judgments are not often set aside under rule 60(b)(6);" 27 rule 60(b)(6) is "equitable remedy" used to "prevent manifest injustice
discussed Cited as authority (verbatim quote) Fettkether v. Progressive Northwestern Insurance Company
D. Mont. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
parties should be bound by and accountable for the deliberate actions of themselves and their chosen counsel. this includes ... an innocent, albeit careless or negligent, attorney mistake ....
examined Cited as authority (verbatim quote) Meghan Pressman
Bankr. S.D.N.Y. · 2023 · quote attribution · 1 verbatim quote · confidence high
parties should be bound by and accountable for the deliberate actions of themselves and their chosen counsel. this includes not only an innocent, albeit careless or negligent, attorney mistake, but also intentional attorney misconduct.
examined Cited as authority (verbatim quote) Hermanson v. Century National Insurance Company
D. Nev. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
the rule 21 is used sparingly as an equitable remedy to prevent manifest injustice and is to be utilized only 22 where extraordinary circumstances prevented a party from taking timely action to prevent or 23 correct an erroneous judgment.
examined Cited as authority (verbatim quote) Bank of New York Mellon v. Meridian Private Residences Homeowners Association
D. Nev. · 2022 · quote attribution · 1 verbatim quote · confidence high
rule is used sparingly as an equitable remedy to prevent manifest injustice and is to be 17 utilized only where extraordinary circumstances prevented a party from taking timely action to 18 prevent or correct an erroneous judgment.
examined Cited as authority (verbatim quote) JCK Legacy Company et, al.
Bankr. S.D.N.Y. · 2022 · quote attribution · 1 verbatim quote · confidence high
parties should be bound by and accountable for the deliberate actions of themselves and their chosen counsel. this includes not only an innocent, albeit careless or negligent, attorney mistake, but also intentional attorney misconduct.
discussed Cited as authority (verbatim quote) Shelia Mason v. Medifit Corp. Servs., Inc.
9th Cir. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a party will not be released from a poor litigation decision made because of inaccurate information or advice, even if provided by an attorney.
examined Cited as authority (verbatim quote) U.S. Commodity Futures Trading Commission v. eFloorTrade, LLC
S.D.N.Y. · 2020 · quote attribution · 1 verbatim quote · confidence high
parties should be bound by and accountable for the deliberate actions of themselves and their chosen counsel. this includes not only an innocent, albeit careless or negligent, attorney mistake, but also intentional attorney misconduct.
discussed Cited as authority (verbatim quote) PSG ENERGY GROUP, LLC v. KRYNSKI
S.D. Ind. · 2020 · quote attribution · 1 verbatim quote · confidence high
a party will not be released from a poor litigation decision made because of inaccurate information or advice, even if provided by an attorney.
examined Cited as authority (verbatim quote) In re: Sharon Mary Adams
9th Cir. BAP · 2019 · quote attribution · 1 verbatim quote · confidence high
we agree that rule 60(b)(1) is not intended to remedy the effects of a litigation decision that a party later comes to regret through subsequently-gained knowledge that corrects the erroneous legal advice of counsel.
discussed Cited as authority (verbatim quote) Perry Lee Oakley v. Debbie Asuncion
C.D. Cal. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
rule 60(b)(1) 20 is not intended to remedy the effects of a litigation decision that a party later comes to 21 regret.
discussed Cited as authority (verbatim quote) United States Securities & Exchange Commission v. Lyndon (2×) also: Cited "see"
9th Cir. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
for purposes of subsection (b)(1), parties should be bound by and accountable for the deliberate actions of themselves and their chosen counsel.
examined Cited as authority (verbatim quote) Qiang Wang v. Palo Alto Networks, Inc. (3×) also: Cited as authority (rule), Cited "see"
Fed. Cir. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
latshaw understood the unambiguous settlement terms ... when signing the offer of judgment. the district court did not abuse its discretion in denying latshaw relief under rule 60(b)(1).
examined Cited as authority (verbatim quote) Debra L. McGee/Office of Child Support v. Justin Gonyo (2×)
Vt. · 2016 · quote attribution · 2 verbatim quotes · confidence high
acts of 'fraud on the court' can sometimes constitute extraordinary circumstances meriting relief under rule 60(b)(6).
examined Cited as authority (verbatim quote) United States v. Sierra Pacific Industries (3×) also: Cited as authority (rule)
E.D. Cal. · 2015 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
generally speaking, rule 60(b) is not intended to remedy the effects of a deliberate and independent litigation decision that a party later comes to regret through second thoughts....
discussed Cited as authority (rule) Estate of Coralie Jane Stevens, by and through its Personal Representative, Erin K. Olson v. Nicole Marie Stevens, et al.
D. Or. · 2026 · confidence medium
Further, the Ninth Circuit concluded that even with “gross negligence” Rule 60(b)(6) relief is not available based on attorney conduct for Rule 68 judgments because such judgments are “to encourage termination of litigation.” Latshaw v. Trainer Wortham & Co., 452 F.3d 1097, 1103 (9th Cir. 2006).
discussed Cited as authority (rule) Stellar v. Mohave County Sheriff's Department
9th Cir. · 2026 · confidence medium
“Liberal application is not encouraged, as fraud on the court ‘should be read narrowly, in the interest of preserving the finality of judgments.’” Latshaw v. Trainer Wortham & Co., 452 F.3d 1097, 1104 (9th Cir. 2006) (quoting Toscano v. Comm’r, 441 F.2d 930, 934 (9th Cir. 1971)).
examined Cited as authority (rule) Brenda Lee Held v. Donald J. Trump, et al. (3×) also: Cited "see"
D. Mont. · 2026 · confidence medium
Likewise, “Rule 60(b)(1) is not intended to remedy the effects of a litigation decision that a party later comes to regret through subsequently-gained knowledge.” Latshaw v. Trainer Wortham & Co., 452 F.3d 1097, 1101 (9th Cir. 2006).
examined Cited as authority (rule) Brenda Lee Held v. State of Montana, et al. (3×) also: Cited "see"
D. Mont. · 2026 · confidence medium
Likewise, “Rule 60(b)(1) is not intended to remedy the effects of a _ litigation decision that a party later comes to regret through subsequently-gained knowledge.” Latshaw v. Trainer Wortham & Co., 452 F.3d 1097, 1101 (9th Cir. 2006).
cited Cited as authority (rule) Barrett Business Services, Inc. v. Charles Colmenero and Denell Hopkins and the marital community comprised thereof; Santiago Alejo and Fatima Alejo, and the marital community comprised thereof, and Repsel Associates, Inc., D/B/A Personna Employer Services
E.D. Wash. · 2026 · confidence medium
As such, 19 “[j]udgments are not often set aside under Rule 60(b)(6).” Latshaw v. Trainer 20 Wortham & Co., 452 F.3d 1097, 1103 (9th Cir. 2006).
discussed Cited as authority (rule) In re: Lusine Hakhverdian (2×)
Bankr. C.D. Cal. · 2026 · confidence medium
Such mistakes are more appropriately addressed through 9 malpractice claims. 10 Latshaw v. Trainer Wortham & Co., 452 F.3d 1097, 1101 (9th Cir. 2006).2 11 2.
discussed Cited as authority (rule) Aman Abera v. San Diego Pacificvu LLC, et al.
S.D. Cal. · 2026 · confidence medium
Rule 60(b)(6) 5 Plaintiff argues that relief under Rule 60(b)(6) is appropriate because he was 6 “deprived of judicial recourse and federal oversight at a critical stage.” (Doc. 20 at 3.) 7 Specifically, Plaintiff claims he faced “verified retaliation in overlapping state proceedings, 8 coordination between state judges and opposing counsel, constructive denial of access to 9 federal forums due to prolonged judicial inaction, [and] improper application of procedural 10 rules to manufacture finality.” (Id. at 2–3 (cleaned up).) 11 “A party moving for relief under Rule 60(b)(6) ‘mu…
discussed Cited as authority (rule) Jesus Villanueva v. Jim Salmonsen, Warden of the Montana State Prison, and Austin Knudsen, Attorney General of the State of Montana
D. Mont. · 2026 · confidence medium
The Ninth Circuit cautioned this rule is to be “used sparingly as an equitable remedy to prevent manifest injustice and is to be utilized only where extraordinary circumstances prevented a party from taking timely action to prevent or correct an erroneous judgment.” Latshaw v. Trainer Wortham & Co., Inc., 452 F. 3d 1097, 1103 (9th Cir. 2006).
discussed Cited as authority (rule) Patricia Snow and Dale Nelson v. State Farm Fire and Casualty Company (2×) also: Cited "see"
D. Or. · 2026 · confidence medium
Trainer Wortham & Co., Inc., 452 F.3d 1097, 1101 (9th Cir. 2006) (discussing Rule 60(b)(1) motions based on excusable neglect and mistake based on erroneous legal advice of counsel).
discussed Cited as authority (rule) Dalrada Precision Corp. v. Stuart Cox (2×)
S.D. Cal. · 2026 · confidence medium
Nevertheless, “Rule 60(b)(1) is not intended to remedy the 24 effects of a litigation decision that a party later comes to regret . . . .” Latshaw v. Trainer 25 Wortham & Co., Inc., 452 F.3d 1097, 1101 (9th Cir. 2006).
discussed Cited as authority (rule) Thomas Loy Dixon v. Tractor Supply Company
E.D. Cal. · 2025 · confidence medium
Since Nygaard’s alleged fraud adversely 5 affected only her own client, Latshaw cannot satisfy the express “adverse party” requirement of Rule 60(b)(3). 6 Latshaw v. Trainer Wortham & Co., 452 F.3d 1097, 1102 (9th Cir. 2006) (addressing prior 7 version of Rule 60(b)(3) that permitted relief “from a final judgment ... for ... fraud ... or other 8 misconduct of an adverse party”); see Miletak v. AT&T Servs., Inc., No. C-12-5326 EMC, 2015 9 WL 13949449 , at *1 (N.D.
discussed Cited as authority (rule) Henry James v. Washington State Patrol et al.
W.D. Wash. · 2025 · confidence medium
The “Rule is to be ‘used sparingly as an equitable remedy to prevent manifest 22 injustice . . . .” Harvest v. Castro, 531 F.3d 737, 749 (9th Cir. 2008) (quoting Latshaw v. Trainer 23 Wortham & Co., Inc., 452 F.3d 1097, 1103 (9th Cir. 2006)).
discussed Cited as authority (rule) Gina Jeannette Dumont v. David Shinn, et al.
D. Ariz. · 2025 · confidence medium
“The party must 15 demonstrate both injury and circumstances beyond h[er] control that prevented h[er] from 16 proceeding with . . . the action in a proper fashion.” Cmty. Dental Servs., 282 F.3d at 1168. 17 Judgments are rarely set aside pursuant to Rule 60(b)(6) because the rule is “used sparingly 18 as an equitable remedy to prevent manifest injustice.” Latshaw v. Trainer Wortham & Co., 19 Inc., 452 F.3d 1097, 1103 (9th Cir. 2006) (internal quotation marks and citation omitted). 20 As stated, Petitioner was aware of the Court’s Order and final judgement dismissing 21 the case at s…
cited Cited as authority (rule) Thomas Bohannon, et al. v. David McDonald, et al.
N.D. Cal. · 2025 · confidence medium
This includes not only an innocent, albeit careless or negligent, attorney mistake, but also intentional attorney misconduct.” Latshaw v. Trainer Wortham & Co., 452 F.3d 1097, 1101 (9th Cir. 2006).
cited Cited as authority (rule) California Crane School, Inc. v. Google LLC
9th Cir. · 2025 · confidence medium
Latshaw v. Trainer Wortham & Co., 452 F.3d 1097, 1100 (9th Cir. 2006); Weeks v. Bayer, 246 F.3d 1231, 1236 (9th Cir. 2001).
discussed Cited as authority (rule) Finfrock v. Yuma Regional Medical Center
D. Ariz. · 2025 · confidence medium
Legal Standard 10 A party moving for relief under Rule 60(b)(6) “must demonstrate both injury and 11 circumstances beyond [her] control that prevented [her] from proceeding with the action 12 in a proper fashion.” Latshaw v. Trainer Wortham & Co., Inc., 452 F.3d 1097, 1103 (9th 13 Cir. 2006).
cited Cited as authority (rule) Cowan v. United States
D. Mont. · 2025 · confidence medium
Latshaw v. Rainer Wortham & Co., Inc., 452 F. 3d 1097, 1104 (9th Cir. 2006).
discussed Cited as authority (rule) Johnson v. Guardian Management
D. Or. · 2025 · confidence medium
And as to other reasons justifying relief, the relief is available “only under extraordinary circumstances.” Latshaw v. Trainer Wortham & Co., Inc., 452 F.3d 1097, 1103-04 (9th Cir. 2006) (citations and quotation marks omitted); Twentieth Century-Fox Film Corp. v. Dunnahoo, 637 F.2d 1338 , 1341 (9th Cir. 1981).
discussed Cited as authority (rule) Johnson v. Brenneke
D. Or. · 2025 · confidence medium
And as to other reasons justifying relief, the relief is available “only under extraordinary circumstances.” Latshaw v. Trainer Wortham & Co., Inc., 452 F.3d 1097, 1103-04 (9th Cir. 2006) (citations and quotation marks omitted); Twentieth Century-Fox Film Corp. v. Dunnahoo, 637 F.2d 1338 , 1341 (9th Cir. 1981).
cited Cited as authority (rule) Naessens v. Breslin
D. Nev. · 2025 · confidence medium
P. 60(b)(6); Latshaw v. Trainer Wortham & Co., Inc., 452 F.3d 1097, 1103 (9th 23 Cir. 2006) (quotation omitted). 8 ECF No. 38 at 3–4. 1 Andrew J.
discussed Cited as authority (rule) Phonsongkham v. Moore
S.D. Cal. · 2025 · confidence medium
P. 60(b) authorizes a court to grant relief from an order for several 2 enumerated reasons, including mistake, inadvertence, surprise, excusable neglect, newly 3 discovered evidence, fraud, misrepresentation, misconduct, or the catch-all “any other 4 reason that justifies relief.” Reconsideration of an order is an extraordinary remedy to be 5 “used sparingly.” Harvest v. Castro, 531 F.3d 737, 749 (9th Cir. 2008) (quoting Latshaw 6 v. Trainer Wortham & Co., Inc., 452 F.3d 1097, 1103 (9th Cir. 2006)).
discussed Cited as authority (rule) Garcia v. Costco Wholesale Corporation
9th Cir. · 2025 · confidence medium
The district court did not abuse its discretion in denying Cortes’s Rule 60(b)(1) motion, see Latshaw v. Trainer Wortham & Co., Inc., 452 F.3d 1097, 1100 (9th Cir. 2006), as it properly applied the four factors set forth in Pioneer Investment Services Co. v. Brunswick Associates Limited Partnership, 507 U.S. 380, 395 (1993).
cited Cited as authority (rule) In re: Aparna Vashisht Rota
9th Cir. BAP · 2025 · confidence medium
For purposes of subsection (b)(1), parties should be bound by and accountable for the deliberate actions of themselves[.]” Latshaw v. Trainer Wortham & Co., 452 F.3d 1097, 1101 (9th Cir. 2006).
discussed Cited as authority (rule) Securities and Exchange Commission v. SHE Beverage Company, Inc. (2×)
C.D. Cal. · 2025 · confidence medium
Under Rule 60(b)(6), the so-called catch-all provision, the party seeking relief “must demonstrate both injury and circumstances beyond his control that prevented him from proceeding with the action in a proper fashion.” Latshaw v. Trainer Wortham & Co., Inc., 452 F.3d 1097, 1103 (9th Cir. 2006).
discussed Cited as authority (rule) In re: Amadeus Therapy , Inc. (2×)
9th Cir. BAP · 2025 · confidence medium
Rather, fraud on the court "embraces only that species of fraud which does or attempts to, defile the court itself, or is a fraud perpetrated by officers of the 12 court so that the judicial machinery can not perform in the usual manner its impartial task of adjudging cases that are presented for adjudication." Latshaw v. Trainer Wortham & Co., 452 F.3d 1097, 1104 (9th Cir. 2006) (cleaned up) (applying Civil Rule 60(b)). "[T]he relevant inquiry is not whether fraudulent conduct prejudiced the opposing party, but whether it harmed the integrity of the judicial process." Stonehill, 660 F.3d at 4…
discussed Cited as authority (rule) Double Diamond Distribution, Ltd. v. Garman Turner Gordon, LLP
9th Cir. · 2025 · confidence medium
Relief under this provision is to be “used sparingly as an equitable remedy to prevent manifest injustice” and “is to be utilized only where extraordinary circumstances prevented a party from taking timely action to prevent or correct an erroneous judgment.” Latshaw v. Trainer Wortham & Co., Inc., 452 F.3d 1097, 1103 (9th Cir. 2006) (internal quotation and citation omitted). 1 The BAP also opined that the bankruptcy court had “arising under” and “related to” jurisdiction. 657 B.R. at 112–15.
discussed Cited as authority (rule) (PC) Gaither v. Williams.
S.D. Cal. · 2025 · confidence medium
“A party moving for relief under Rule 60(b)(6) ‘must demonstrate 4 both injury and circumstances beyond his control that prevented him from proceeding with 5 the action in a proper fashion.’” Harvest v. Castro, 531 F.3d 737, 749 (9th Cir. 2008) 6 (quoting Latshaw v. Trainer Wortham & Co., Inc., 452 F.3d 1097, 1103 (9th Cir. 2006)). 7 “A court’s power to vacate judgments under Rule 60(b) in order ‘to accomplish 8 justice’ is balanced against ‘the strong public interest in the timeliness and finality of 9 judgments.’” Martinez v. Shinn, 33 F.4th 1254, 1262 (9th Cir. 2022) (…
discussed Cited as authority (rule) Shin v. Umeken USA Inc
9th Cir. · 2025 · confidence medium
That “Rule is used sparingly as an equitable remedy to prevent manifest injustice and is to be utilized only where extraordinary circumstances prevented a party from taking timely action to prevent or correct an erroneous judgment.” Latshaw v. Trainer Wortham & Co., 452 F.3d 1097, 1103 (9th Cir. 2006) (citations and quotations omitted).
cited Cited as authority (rule) Pierce v. Salmonsen
D. Mont. · 2025 · confidence medium
Latshaw v. Rainer Wortham & Co., Inc., 452 F. 3d 1097, 1104 (9th Cir. 2006).
discussed Cited as authority (rule) Spears v. State of Washington
W.D. Wash. · 2024 · confidence medium
Rule 60(b)(6) is to be “used sparingly as an equitable remedy to prevent manifest 3 injustice and is to be utilized only where extraordinary circumstances prevented a party from taking 4 timely action to prevent or correct an erroneous judgment.” Latshaw v. Trainer Wortham & Co., 5 452 F.3d 1097, 1103 (9th Cir. 2006).
cited Cited as authority (rule) (PC) Springfield v. CDCR
E.D. Cal. · 2024 · confidence medium
Cal. Apr. 22, 2024) (quoting 23 Latshaw v. Trainer Wortham & Co., Inc., 452 F.3d 1097, 1103 (9th Cir. 2006)).
Retrieving the full opinion text from the archive…
Elizabeth Albright LATSHAW, Plaintiff-Appellant,
v.
TRAINER WORTHAM & COMPANY, INC., a Corporation; Robert J. Vile, a Natural Person, Defendants-Appellees
03-57230.
Court of Appeals for the Ninth Circuit.
Jul 6, 2006.
452 F.3d 1097
2006 U.S. App. LEXIS 16836
2006 WL 1843400
Harry Steinberg (argued), Lester Schwab Katz & Dwyer, LLP, New York, NY, for the plaintiff-appellant., Robert D. Weber (argued), DLA Piper Rudniek Gray Cary U.S. LLP, Los Ange-les, CA, for the defendants-appellees.
Pregerson, Clifton, Bybee.
Cited by 284 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 79%
Citer courts: N.D. California (1)
CLIFTON, Circuit Judge.

Plaintiff Elizabeth Latshaw appeals the district court’s denial of her motion under Rule 60(b) of the Federal Rules of Civil Procedure for relief from a judgment. The judgment resulted from her acceptance of an offer of judgment under Rule 68 of the Federal Rules of Civil Procedure. Latshaw argues that she accepted the offer under coercion from and based upon fraud by her counsel, who allegedly gave her erroneous legal advice and threatened to resign from the case if Latshaw did not accept the offer. We áre not persuaded and affirm the decision of the district court. Generally speaking, Rule 60(b) is not intended to remedy the effects of a deliberate and independent litigation decision that a party later comes to regret through second thoughts or subsequently-gained knowledge that corrects prior erroneous legal advice of counsel. The district court’s refusal to relieve Latshaw from her decision was not an abuse of discretion.

I. Background

Latshaw hired Trainer Wortham & Company, Inc., an investment management firm, to manage approximately $1.65 million of her assets. Robert Vile, a Trainer portfolio manager, was responsible for handling Latshaw’s account. Latshaw claims that defendants Trainer and Vile failed to follow her stated investment instructions and objectives, ultimately causing her to sustain substantial financial losses.

Latshaw commenced an action in Los Angeles Superior Court, claiming over $800,000 in damages. Latshaw was represented by a Missouri-based attorney, Diane Nygaard, and local California counsel, David Harrison. Latshaw’s claims included breach of oral and written contract, breach of fiduciary duty, fraud, constructive fraud, negligence, and negligent supervision. The defendants removed the action to federal district court.

Six weeks later, the defendants served Latshaw with a $15,000 offer of judgment under Rule 68. The events following the defendants’ offer and leading up to Lat-shaw’s acceptance of the offer are in some dispute. [1] Latshaw contends that she and her two attorneys initially considered the offer grossly insufficient. Days later, however, Latshaw was allegedly informed that her attorneys had lost interest in the case and hoped to convince her, to accept the offer. Latshaw asserts that when she confronted Nygaard with this information, Nygaard admitted that she and Harrison intended to resign from the case and erroneously stated that Latshaw would be ha-ble for costs and attorneys’ fees, which would be “enormous,” if Latshaw rejected the offer and the offer exceeded her ultimate judgment. In fact, Latshaw would have only been liable for the defendants’ costs, not attorneys’ fees, if she rejected the offer and the offer exceeded her ultimate judgment. See Fed.R.Civ.P. 68 (“If the judgment finally obtained by the offer-ee is not more favorable than the offer, the[*1100] offeree must pay the costs incurred after the making of the offer.”).

Latshaw contends that erroneously “[Relieving I was without counsel ... and would be liable for all Defendants’ attorneys fees and costs, and, moreover that I had to sign by August 4, I reluctantly signed [the acceptance of the offer] because I felt I had no choice.” After Lat-shaw completed her portion of the acceptance, Nygaard signed her own name and Harrison's name to the document and arranged for its filing. Judgment on the agreed-upon terms was entered by the district court soon thereafter.

Latshaw claims that she subsequently learned Nygaard had deceived her when Latshaw discovered that her California attorney had not intended to desert the case. Further, Latshaw learned she would not have been liable for the defendants’ attorneys’ fees had she rejected the offer, also contrary to Nygaard’s statement.

Accordingly, two months after entry of the judgment, Latshaw filed in the district court a Motion to Rescind and Vacate Acceptance of Defendants’ Offer of Judgment under Federal Rule of Civil Procedure 60(b). Notably, Latshaw did not fault the conduct of the defendants, whom she admitted “were proceeding [with the agreement] in good faith.” Rather, Latshaw faulted the conduct of her own counsel. Latshaw contends that she was the victim of Nygaard’s fraud and coercion, as Ny-gaard, “for her own reasons, misled Lat-shaw, inducing her to execute an offer of judgment, contrary to her interest, and contrary to the advice of record counsel.” Latshaw cited Rule 60(b)(1), (3), and (6), seeking to set aside the judgment based upon, respectively, mistake, fraud, and “any other reason justifying relief.” The district -court denied Latshaw’s requested relief. This appeal followed.

II. Discussion

We review the denial of Rule 60(b) motions for an abuse of discretion. See Molloy v. Wilson, 878 F.2d 313, 315 (9th Cir.1989). Under this standard, we can reverse only if a district court “does not apply the correct law, rests its decision on a clearly erroneous finding of a material fact, or applies the correct legal standard in a manner that results in an abuse of discretion.” Engleson v. Burlington Northern Railroad Co., 972 F.2d 1038, 1043 (9th Cir.1992).

A. Rule 60(b)(1)

Rule 60(b)(1) provides, “On motion ... the court may relieve a party or a party’s legal representative from a final judgment, order, or proceeding for ... mistake, inadvertence, surprise, or excusable neglect.” Latshaw argues that she is entitled to relief under subsection (b)(1) because, but for two mistaken understandings on her part, she would not have signed the acceptance. These alleged “mistakes,” both purportedly originating from Nygaard, were Latshaw’s erroneous beliefs (1) that she might be liable for defendants’ attorneys’ fees if she did not sign the offer of judgment, and (2) that both of her attorneys intended to resign.

The district court denied relief, noting that Latshaw’s “decision to execute the acceptance, regardless of whether that decision was founded upon bad advice or misinformation, created a binding contract,” and that Rule 60(b)(1) relief is unavailable to parties who simply misunderstand the legal consequences of their deliberate acts.

Our court has not yet determined whether such attorney error can provide grounds to vacate a judgment under the mistake ground of Rule 60(b)(1). We have, however, declined similar requests for relief put forth as “excusable neglect,”[*1101] which is another ground to set aside a judgment under subsection (b)(1). See Casey v. Albertson’s, Inc., 362 F.3d 1254, 1260 (9th Cir.2004) (“As a general rule, parties are bound by the actions of their lawyers, and alleged attorney malpractice does not usually provide, a basis to set aside a judgment pursuant to Rule 60(b)(1).”); Engleson, 972 F.2d at 1043 (“Neither ignorance nor carelessness on the part of the litigant or his attorney provide grounds for relief under Rule 60(b)(1).”) (internal quotation marks and citation omitted). We find it proper to extend our refusal to provide relief on account of excusable neglect to the alleged attorney-based mistakes of law at issue here.

Other circuits have considered this question and have held likewise. In a case factually similar to ours, the Seventh Circuit considered whether a Rule 68 offer could be rescinded where the defendant’s counsel operated under a mistake of law, incorrectly assuming that costs and fees would be included in the offer amount. Webb v. James, 147 F.3d 617 (7th Cir.1998). The court concluded that the mistake was not excusable under Rule 60(b)(1), holding that the “district court was not obliged to relieve [the defendant] of the burden of a ... mistake of law regarding the effect of [the governing Supreme Court ease] or the attorney’s fees provision of the ADA.” Id. at 622; see also Acevedo-Garcia v. Vera-Monroig, 368 F.3d 49, 54 (1st Cir.2004) (holding that a mistake of law is not a “mistake” for Rule 60(b)(1) purposes); McCurry ex rel. Turner v. Adventist Health System/Sunbelt, Inc., 298 F.3d 586, 595 (6th Cir.2002) (holding “that out-and-out lawyer blunders — the type of action or inaction that leads to successful malpractice suits by the injured client — do not qualify as ‘mistake’ or ‘excusable neglect’ within the meaning of Rule 60(b)(1)”) (citation and quotation marks omitted); Yapp v. Excel Corp., 186 F.3d 1222, 1231 (10th Cir.1999) (“[A] party who simply misunderstands or fails to predict the legal consequences of his deliberate acts cannot later, once the lesson is learned, turn back the clock to undo those mistakes.”); Cashner v. Freedom Stores, Inc., 98 F.3d 572, 577 (10th Cir.1996) (“If the mistake alleged is a party’s litigation mistake, we have declined to grant relief under Rule 60(b)(1) when the, mistake was the result of a deliberate and counseled decision by the party.”); United States v. Bank of New York, 14 F.3d 756, 759 (2d Cir.1994) (“When a party makes a deliberate, strategic choice to settle, she cannot be relieved of such a choice merely because her assessment of the consequences was incorrect.”).

We agree that Rule 60(b)(1) is not intended to remedy the effects of a litigation decision that a party later comes to regret through subsequently-gained knowledge that corrects the erroneous legal advice of counsel. For purposes of subsection (b)(1), parties should be bound by and accountable for the deliberate actions of themselves and their chosen counsel. This includes not only, an innocent, albeit careless or negligent, attorney mistake, but also intentional attorney misconduct. Such mistakes are more appropriately addressed through malpractice claims. See also United States v. Prairie Pharmacy, Inc., 921 F.2d 211, 214 (9th Cir.1990).

Accordingly, neither of Latshaw’s alleged. mistakes are among those that Rule 60(b)(1) is intended to remedy. Even if Latshaw genuinely believed that her counsel intended to resign or that she may have been liable for the defendants’ attorneys’ fees, Latshaw’s beliefs do not provide grounds to rescind her acceptance. These mistakes, if true, arose from attorney misconduct. A- party will not be .released from a poor litigation decision made because of inaccurate information or advice,[*1102] even if provided by an attorney. Lat-shaw’s decision to accept the offer was deliberate and independent. In such situations, regret caused by new knowledge does not justify rescinding a decision.

Latshaw also contends that her mistaken beliefs entitle her to Rule 60(b)(1) relief because she did not possess sufficient understanding to have ever validly accepted the offer. Latshaw cites a passage from a decision by the Eighth Circuit: “[W]hen considering a Rule 68 offer, the offeree needs to have a clear understanding of the terms of the offer in order to make an informed decision whether to accept it.” Radecki v. Amoco Oil Co., 858 F.2d 397, 403 (8th Cir.1988). This argument lacks merit. Misunderstanding an offer’s terms is not the same as misunderstanding factors to be weighed in deciding to accept the offer. Latshaw understood the unambiguous settlement terms — that she would receive $15,000 in exchange for terminating the litigation — when signing the offer of judgment. The district court did not abuse its discretion in denying Latshaw relief under Rule 60(b)(1).

B. Rule 60(b)(3)

Rule 60(b)(3) permits relief “from a final judgment ... for ... fraud ... or other misconduct of an adverse party.” Citing subsection (b)(3), Latshaw contends that Nygaard committed two fraudulent acts sufficient to warrant Rule 60(b) relief: (1) Nygaard misinformed Latshaw that she could be liable for the defendants’ legal fees, and (2) Nygaard misinformed Latshaw that Harrison intended to resign. Latshaw argues that Nygaard’s fraud, in part, induced Latshaw to sign the Rule 68 offer. The district court again denied Latshaw’s requested relief, noting that Latshaw “expressly instructed her counsel to file the acceptance,” a situation “clearly” not among those meriting relief as fraud.

We agree. Even if it is true that Ny-gaard committed fraud, the district court did not abuse its discretion in concluding that the circumstances failed to warrant Rule 60(b)(3) relief. Subsection (b)(3) permits relief only when the fraud was committed by “an adverse party.” See In re Grantham Bros., 922 F.2d 1438, 1442-43 (9th Cir.1991) (declining to apply Rule 60(b)(3) where fraud was committed by the appellant’s clients in part because the rule “is aimed at fraud perpetrated by an adverse party”). Thus, in order to prevail on a Rule 60(b)(3) motion, the defendants must have committed the fraud at issue. Here, however, Nygaard represented Lat-shaw herself, not an adverse party. Meanwhile, the defendants were innocent bystanders. Since Nygaard’s alleged fraud adversely affected only her own client, Latshaw cannot satisfy the express “adverse party” requirement of Rule 60(b)(3).

C. Rule 60(b)(6)

Rule 60(b)(6) provides that, on motion, “the court may relieve a party or a party’s legal representative from a final judgment, order, or proceeding for ... any other reason [in addition to those categories specified in Rules 60(b)(1) — (5) ] justifying relief from the operation of the judgment.” Latshaw argues that we should vacate the Rule 68 judgment pursuant to Rule 60(b)(6) for two reasons, contending that Nygaard’s (1) alleged gross negligence, and (2) “fraud on the court” both “justify relief from the operation of the judgment.”

The defendants counter that Nygaard’s conduct failed to meet the savings clause standard. The district court denied Lat-shaw’s request for relief under 60(b)(6) without reaching its merits. [2] We will ad[*1103] dress each of Latshaw’s two arguments in turn.

Judgments are not often set aside under Rule 60(b)(6). Rather, the Rule is “ ‘used sparingly as an equitable remedy to prevent manifest injustice’ and ‘is to be utilized only where extraordinary circumstances prevented a party from taking timely action to prevent or correct an erroneous judgment.’ ” United States v. Washington, 394 F.3d 1152, 1157 (9th Cir. 2005) (quoting United States v. Alpine Land & Reservoir Co., 984 F.2d 1047, 1049 (9th Cir.1993)). Accordingly, a party who moves for such relief “must demonstrate both injury and circumstances beyond his control that prevented him from proceeding with ... the action in a proper fashion.” Community Dental Services v. Tani 282 F.3d 1164, 1168 (9th Cir.2002).

Relying on our decision in Tani, Latshaw first argues that Nygaard’s alleged gross negligence constitutes an “extraordinary circumstance” meriting relief under Rule 60(b)(6). In Tani we held that the plaintiff was entitled to Rule 60(b)(6) relief from a default judgment on account of his counsel’s gross negligence. There, the attorney ignored court orders, neglected motions, missed hearings and other court appearances, failed to file pleadings or serve them on opposing counsel, and otherwise “virtually abandoned his client by failing to proceed with his client’s defense despite[repeated] court orders to do so,” comprehensively amounting to “the client’s receiving practically no representation at all.” Id. at 1170-71. Pursuant to Tani, in the context of default judgments, we now distinguish between “a client’s accountability for his counsel’s neglectful or negligent acts[, which does not merit Rule 60(b)(6) relief,] and his responsibility for the more unusual circumstance of his attorney’s extreme negligence or egregious conductf, which does].” Id. at 1168.

Latshaw’s analogy between her factual circumstances and those in Tani, however, is without merit. Our decision in Tani was explicitly premised upon the default judgment context of the case. Id. at 1169 (concluding that “where [a] client has demonstrated gross negligence on the part of his counsel, a default judgment against the client may be set aside pursuant to Rule 60(b)(6),” and, continuing, “[o]ur holding is consistent with the well-established policy considerations that we have recognized as underlying default judgments and Rule 60(b)”); see Falk v. Allen, 739 F.2d 461, 463 (9th Cir.1984) (noting that Rule 60(b), as applied to default judgments, is “remedial in nature and ... must be liberally applied. [Default judgments are] appropriate only in extreme circumstances; a case should, whenever possible, be decided on the merits.”); see also TCI Group Life Insurance Plan v. Knoebber, 244 F.3d 691, 699 (9th Cir.2001).

Latshaw argues that Rule 68 judgments should be treated like default judgments, and that we should similarly act “liberally” to reverse a Rule 68 acceptance and allow full litigation on the merits. We disagree. Rule 68 judgments and default judgments are quite different. Default judgments are disfavored and appropriate only in unique circumstances. Falk, 739 F.2d at 463. Rule 68 offers and acceptances, however, are actively supported by courts. Indeed, the very purpose of Rule 68 is to encourage termination of litigation. United States v. Trident Seafoods Corp., 92 F.3d 855, 860 (9th Cir.1996). We decline to extend the holding of Tani to the context of Rule 68 judgments and therefore conclude that Nygaard’s alleged gross negli-[*1104] genee does not provide grounds to vacate the judgment under Rule 60(b)(6).

Second, Latshaw argues that the Rule 68 judgment should be set aside on account of Nygaard’s alleged forgery of Harrison’s signature on the acceptance of the offer, which was then submitted to the court. Acts of “fraud on the court” can sometimes constitute extraordinary circumstances meriting relief under Rule 60(b)(6). See In re Intermagnetics America, Inc., 926 F.2d 912, 916-17 (9th Cir. 1991). Such fraud on the court “embracéis] only that species of fraud which does or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery can not perform in the usual manner its impartial task of adjudging cases that are presented for adjudication.” Alexander v. Robertson, 882 F.2d 421, 424 (9th Cir.1989) (quoting 7 J. Moore & J. Lucas, Moore’s Federal Practice ¶ 60.33, at 515 (2d ed.1978)).

Liberal application is not encouraged, as fraud on the court “should be read narrowly, in the interest of preserving the finality of judgments.” Toscano v. Comm’r, 441 F.2d 930, 934 (9th Cir.1971). Our court places a high burden on a plaintiff seeking relief from a judgment based on fraud on the court. For example, in order to provide grounds for relief, the fraud must “involve an ‘unconscionable plan or scheme which is designed to improperly influence the court in its decision.’” Abatti v. Comm’r, 859 F.2d 115, 118 (9th Cir.1988) (quoting Toscano, 441 F.2d at 934).

Even though it may have been fraud to forge a signature and the fraud may have reached the court, Nygaard’s alleged conduct falls far short of “defiling the court itself’ and hardly resembles an “unconscionable plan or scheme which is designed to improperly influence the court in its decision.” While Latshaw is left with a Rule 68 judgment with which she is unhappy, the integrity of the judicial process has not been impaired. We find it significant that vacating the judgment would in fact “ ‘punish’ parties who are in no way responsible for the ‘fraud.’ ” See Alexander, 882 F.2d at 425. The district court did not abuse its discretion in denying relief for fraud on the court under Rule 60(b)(6).

Latshaw knowingly and voluntarily signed the Rule 68 acceptance. Though Latshaw’s decision may have been driven by inept or erroneous advice or conduct of her counsel, neither the alleged negligence at issue nor the purported fraud on the court fall among those exceptional circumstances meriting Rule 60(b)(6) relief.

III. Conclusion

The district court did not abuse its discretion in denying Latshaw relief under Rule 60(b) from the judgment that resulted from her acceptance of the Rule 68 offer of judgment.

AFFIRMED.

1

. For purposes of our discussion, we accept Latshaw's description of the events. We note that Nygaard and Harrison are not parties to this action and have not had an opportunity to respond to Latshaw's charges. We do not reach any conclusion with regard to the validity of the factual allegations.

2

. The district court declined to consider Lat-shaw’s Rule 60(b)(6) motion because Latshaw “failed to raise and argue her claim under Rule 60(b)(6) in her moving papers.” Lat-shaw argues that she discussed her subsection (b)(6) claim sufficiently to warrant consider[*1103] ation. Since we conclude that Latshaw is ineligible for Rule 60(b)(6) relief on the claim's merits, we need not determine whether the district court abused its discretion in refusing to consider the claim.