News & Analysis as of

FRCP 60(b)

Venable LLP

Final Means Final: Supreme Court Reaffirms Strict Limits on Post-Judgment Amendments

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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

Ballard Spahr LLP

Court Denies CFPB/Townstone Bid to Undo Consent Order

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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

Dorsey & Whitney LLP

The Supreme Court Update - June 5, 2025

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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

Fisher Phillips

SCOTUS Ruling Expands Path for Plaintiffs to Revive Dismissed Lawsuits: What Employers Need to Know

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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

Dorsey & Whitney LLP

The Supreme Court Update - February 26, 2025

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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

McDermott Will & Emery

Due Diligence Deficit Sinks Fraud Claims in Trademark Battle

McDermott Will & Emery on

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

Morrison & Foerster LLP - Left Coast Appeals

This week at the Ninth: Bull Trout and Claim Preclusion

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

Keating Muething & Klekamp PLL

United States Supreme Court Clarifies Boundaries of Federal Civil Rule 60(b)

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

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Kemp v. United States

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

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