Skip to main content
· 5/14/2001

David M. Jinks and Elizabeth M. Green v. Allied Signal, Inc.

Citations

  • 250 F.3d 381
  • 49 Fed. R. Serv. 3d 814
  • 2001 U.S. App. LEXIS 8958
  • 82 Empl. Prac. Dec. (CCH) 40,909
  • 2001 WL 501936

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • defining a more lenient standard for excusable neglect in cases of default than in cases when a party neglects to raise a certain argument
  • upholding a district court’s denial of a motion for reconsideration because it does not allow a litigant “a second chance to convince the court to rule in his or her favor by presenting new explanations, legal theories, or proof.”
  • “Rule 60(b), however, does not provide relief simply because litigants belatedly present new facts or arguments after the district court has made its final ruling.”
  • “whether the ‘neglect’ was excusable involves an equitable determination that takes into account ... the length of the delay”
  • “Rule 60(b), however, does not provide relief simply because litigants belatedly present new facts or arguments after the district court has made its final ruling.” (citation omitted)
  • “The ground for setting aside a judgment under Rule 60(b) must be something that could not have been used to obtain a reversal by means of a direct appeal.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Siler, Gilman, Duggan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.