Topic: rule 60(b) does not allow a defeated litigant a second chan… · Go Syfert
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Topic #3500

7 canonical passages across 6 cases, quoted by 91 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Arthur Tyler v. Carl Anderson.

#Case FlagCanonical passage Citers
1 Arthur Tyler v. Carl Anderson Anchor
ca6 · 2014
green “rule 60(b) does not allow a defeated litigant a second chance to convince the court to rule in his or her favor by presenting new explanations, legal theories, or proof.” 34
2 Gencorp, Inc. v. Olin Corporation
ca6 · 2007
green “a rule 60(b) motion is neither a substitute for, nor a supplement to, an appeal.” 18
3 Louis David Johnson, Jr. v. Unknown Dellatifa (03-1497/1880) Unknown Carline (03-1506/1865) S. Powers (03-1555/1833) Dave Stasewish (03-1559/1835)
ca6 · 2004
green “as a prerequisite to relief under rule 60(b), a party must establish that the facts of its case are within one of the enumerated reasons contained in rule 60(b) that warrant relief from judgment.” 15
4 Gencorp, Inc. v. Olin Corporation
ca6 · 2007
green “a substitute for, nor a supplement to, an appeal.” 8
5 Dimitrios Papas v. Buchwald Capital Advisors, LLC
ca6 · 2013
green “a motion with that title that is filed within 28 days after judgment can be construed as a motion to alter or amend the judgment under rule 59(e), and one that is filed after 28 days can be construed as a motion for relief from judgment under rule 60(b).” 6
6 Carter v. Anderson
ca6 · 2009
green “a proper rule 60(b) motion 'attacks not the substance of the federal court's resolution of a claim on the merits, but some defect in the integrity of the federal proceedings.” 6
7 Mccurry v. Adventist Health System/Sunbelt, Inc.
ca6 · 2002
green “mutually exclusive, with relief available under subsection (b)(6) only in the event that none of the grounds set forth in clauses (b)(1) through (b)(5) are applicable” 4

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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