When is a final judgment not final? In an opinion by Justice Thomas unanimously reversing the Second Circuit, the Supreme Court reaffirmed on June 5 that the bar for reopening a final judgment under the catchall provision in...more
As previously reported, in March 2025 the CFPB and Townstone Financial (Townstone) filed a joint motion with a U.S. District Court seeking to reverse the November 2024 consent order between the parties that resolved CFPB...more
The Supreme Court of the United States issued six decisions today: Ames v. Ohio Dept. of Youth Services, No. 23-1039: This case addresses whether majority-group plaintiffs are held to a heighted evidentiary standard in...more
A new Supreme Court decision just made it easier for employees to revive lawsuits they voluntarily dismissed – in some cases, even after the statute of limitations has expired. In Waetzig v. Halliburton Energy Services, the...more
The Supreme Court of the United States issued two decisions today: Dewberry Group, Inc. v. Dewberry Engineers, Inc., No. 23-900: The Court held that in awarding the “defendant’s profits” to the prevailing plaintiff in a...more
The US Court of Appeals for the Second Circuit affirmed the dismissal of an independent action asserting “fraud on the court” based on the finding that the alleged fraud on the US Patent & Trademark Office (PTO) should have...more
This week, the Court wrestles with res judicata issues stemming from the dismissal of an Endangered Species Act suit for lack of jurisdiction. The Court holds that claim preclusion bars plaintiffs from reasserting claims...more
Getting a trial court to rethink its prior decision is a steep climb. The United States Supreme Court’s decision in Kemp v. United States, issued June 13, 2022, makes achieving such outcomes easier in one sense, but more...more
On June 13, 2022, the U.S. Supreme Court decided Kemp v. United States, No. 21-5726, holding that the term “mistake” in Federal Rule of Civil Procedure 60(b)(1) includes a judge’s errors of law, and therefore Petitioner...more