Topic: a rule 60(b)(3) motion cannot be granted absent clear and c… · Go Syfert
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Topic #7544

2 canonical passages across 2 cases, quoted by 66 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 Kevin Fleming v. New York University.

#Case FlagCanonical passage Citers
1 Kevin Fleming v. New York University Anchor
ca2 · 1989
green “a rule 60(b)(3) motion cannot be granted absent clear and convincing evidence of material misrepresentations and cannot serve as an attempt to relitigate the merits.” 38
2 State Street Bank & Trust Co. v. Inversiones Errazuriz Limitada
ca2 · 2004
green “to prevail on a rule 60(b)(3) motion, a movant must show that the conduct complained of prevented the moving party from fully and fairly presenting his case.” 28

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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