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· 7/6/2006

Elizabeth Albright Latshaw v. Trainer Wortham & Company, Inc., a Corporation Robert J. Vile, a Natural Person

Citations

  • 452 F.3d 1097
  • 65 Fed. R. Serv. 3d 779
  • 2006 U.S. App. LEXIS 16836
  • 2006 WL 1843400

How courts have described this case

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

  • holding that “[sjubsection (b)(3) permits relief only when the fraud was committed by ‘an adverse party’ ”
  • holding that moving party was not entitled to set aside a final judgment based on her own 4 attorney’s fraudulent conduct
  • holding that “attorney-based mistakes of law” are usually not grounds to find excusable neglect
  • holding that counsel’s alleged gross negligence does not provide grounds 14 to vacate a Rule 68 judgment under Rule 60 and noting that “the very purpose of 15 Rule 68 is to encourage termination of litigation”
  • explaining that Federal Rule of Civil Procedure 60(b)(6) “is used sparingly as an equitable remedy to prevent manifest injustice” (internal quotation marks and citation omitted)
  • explaining that Fed.R.Civ.P. 60(b)(6) “is used sparingly as an equitable remedy to prevent manifest injustice” (citation and internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Pregerson, Clifton, Bybee

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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